Terms of Use - Executive Directory: The people that make businesses & organizations work

USE OF THE EXECUTIVEDIRECTORY.COM AND/OR EXECUTIVEDIRECTORY.MOBI WEB SITES (COLLECTIVELY, THE "WEB SITES"), CONSTITUTES A USER'S AGREEMENT TO BE BOUND BY THESE TERMS OF USE.

1. Provider and Users of the Web Sites. The Web Sites are a service made available by Executive Directory, Inc., a Wisconsin corporation ("Provider"), to persons using the Web Sites (individually a "User" and collectively "Users").

2. Directory of Executive Listings. The Web Sites contain searchable directories (collectively the "Directory") of executives in a number of different industries and/or professions and affiliated with numerous different businesses and/or organizations (such executives are hereinafter referred to individually as a "Listee" and collectively as "Listees"). The Listees provide the information in the Directory. Provider does not warrant the validity of the information, nor does it guarantee the quality of the work product of the Listees. Provider conducts only a limited review of the information submitted by Listees at the time of submission; however, such a review does not guarantee the accuracy of the content of the listings that are provided by the Listees. Users of the Web Sites are directed to make their own independent investigation and evaluation of any Listee that they are considering contacting or hiring for whatever purpose.

3. Limited License; Permitted Uses. Users are granted a non-exclusive, non-transferable and revocable license: (1) to access and use the Web Sites strictly in accordance with these Terms of Use; (2) to use the Web Sites solely for internal, personal and non-commercial purposes; and (3) to search and print out results from the Web Sites solely for internal, personal and non-commercial purposes, and provided that Users maintain all copyright and other notices contained therein.

4. Restrictions on Use. User's license to access and use the Web Sites are subject to the following restrictions on use. Users may not (1) copy, print (except for the express limited purpose permitted by paragraph 3, above), republish, display, transmit, distribute, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Web Sites or any information or materials retrieved therefrom; (2) use any portion of the Web Sites to develop, or as a component of, an information storage and retrieval system, database, infobase, or similar information resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (3) create compilations or derivative works of any portion of the Web Sites; (4) use any portion of the Web Sites in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of Provider or any third parties; (5) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Web Sites; (6) make any portion of the Web Sites available through any timesharing system, service bureau, the Internet, or any other technology now existing or developed in the future; (7) remove, disable, defeat or change any functionality or appearance of the Web Sites; (8) decompile, disassemble or reverse engineer any of the Web Sites' software or use any network monitoring or discovery software to determine the Web Sites' architecture; (9) use any automatic or manual process to harvest information from the Web Sites; (10) use the Web Sites for the purpose of gathering information for or transmitting (a) unsolicited commercial e-mail; (b) e-mail that makes use of Provider's name or trademarks, including in connection with invalid or forged headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (c) unsolicited telephone calls or facsimile transmissions; (11) use the Web Sites in a manner that violates any state or federal law regulating commercial e-mail, facsimile transmissions or telephone solicitations; and (12) export or re-export the Web Sites or any portion thereof, or any software available on or through the Web Sites, in violation of the export control laws and regulations of the United States.

5. Policy on Unsolicited Commercial E-mail. Provider does not authorize the use of the Web Sites for purpose of Users or other third parties gathering information for or transmitting unsolicited bulk commercial e-mail over the Internet to Listees. Provider prohibits the harvesting by Users and any other third parties of e-mail addresses from the Web Sites for the purpose of sending unsolicited bulk commercial e-mail.

6. Provider’s Communications by E-mail and Other Means. Provider may contact Listees, directly or via our agents, by mail, telephone, fax or e-mail with requests for information, notices relating to listings and/or the Directory, offers of goods and services, or for other business related purposes. By providing Provider with your fax number, telephone numbers or e-mail address Listees consent to being contacted by these methods for the purposes described above.

7. Intellectual Property Rights. Except for the limited license contained in paragraph 3 above, nothing in these Terms of Use grants or should be construed to grant any licenses or rights, by implication, estoppel or otherwise, under copyright or other intellectual property rights. Users agree that all right, title and interest (including all copyrights, trademarks, service marks, patents and other intellectual property rights) in the Web Sites and the content of the Web Sites belong to Provider, its licensors or Listees, as applicable.

8. No Solicitation. Users shall not distribute to any persons or entities identified via the Web Sites any content or material containing solicitations or advertising of any kind without the express prior written permission of Provider.

9. License of Content to Provider. By uploading content to or submitting any materials for use on the Web Sites, Listees grant (or warrant that the owner of such rights has expressly granted) Provider, and Providers successors and/or assigns, a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and/or create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology, whether now known or later developed.

10. Linking to the Web Sites. Users may provide links only to the homepage of any of the Web Sites, provided (a) such Users do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Web Sites, and (b) such Users discontinue providing links to the Web Sites immediately upon request by Provider.

11. Advertisers. The Web Sites may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Web Sites is accurate and complies with applicable laws. Provider will not be responsible for the illegality of or any error or inaccuracy in any advertiser's or sponsor's materials.

12. Information Provided by Listees for Inclusion in Directory. Listees agree to provide Provider with accurate and complete information for inclusion in the Directory, including without limitation, providing a Listee's real name and correct company affiliation, address and phone numbers. It is such a Listee's responsibility to inform Provider of any changes to that information by using the Change/Update Listing link provided on the Web Sites.

13. Minimum Age of Listees. Listees are required to be at least 18 years of age or older, and each Listee represents to Provider that they are at least 18 years of age or older. If information on a person younger than 18 years of age has been added to the Web Sites, Provider agrees to remove such information promptly upon being notified of the same.

14. Provider Control over Directory. Submission of listing information for the Directory does not guaranty inclusion in the Directory. Provider endeavors to conduct a review of each listing submitted to determine whether its contents are accurate, appropriate and relevant for the Directory. Provider retains the right to elect not to include a proposed listing or remove an existing listing for reasons that Provider deems commercially reasonable, in its sole discretion, including without limitation, deleting any duplicate listings in the Directory.

15. Errors and Corrections. Provider does not represent or warrant that the Web Sites will be error-free, free of viruses or other harmful components, or that defects will be corrected. Provider does not warrant or represent that the information available on or through the Web Sites will be correct, accurate, timely or otherwise reliable. Provider may make improvements and/or changes to the features, functionality or content of the Web Sites at any time.

16. Third-Party Content. Third-party content may appear on the Web Sites or may be accessible via links from the Web Sites. Provider shall not be responsible for and assumes no liability for any mistakes, misstatements, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third-party content appearing on the Web Sites. Users acknowledge that the information and opinions in the third-party content represent solely the thoughts of the author and is neither endorsed by nor does it reflect the belief of Provider.

17. DISCLAIMER. THE WEB SITES ARE PROVIDED ON AN "AS IS" BASIS. PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PROVIDER DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THE WEB SITES AND THEIR CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE WEB SITES, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THE WEB SITES OR ANY PORTION THEREOF, (D) SUCH A USER'S USE OF THE WEB SITES, OR (E) SUCH A USER'S USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE WEB SITES.

18. LIMITATION OF LIABILITY AND DAMAGES. PROVIDER SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND RESULTING FROM ANY LISTEE'S AND/OR USER'S USE OF THE WEB SITES. PROVIDER SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEB SITES OR THE CONTENT OF THE WEB SITES. TO THE EXTENT THIS LIMITATION ON LIABILITY IS UNENFORCEABLE, PROVIDER'S SOLE LIABILITY TO ANY LISTEE OR USER FOR DAMAGES SHALL BE LIMITED TO $100.00.

19. Unlawful Activity. Provider reserves the right to investigate complaints of reported violations of these Terms of Use and to take any action Provider deems appropriate, including but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to any Listee's and/or User's information, e-mail addresses, usage history, posted materials, IP addresses and traffic information.

20. Indemnification. Each Listee is solely liable for any content, messages or other information such Listee transmits, provides or uploads to the Web Sites. Each Listee agrees to indemnify and hold harmless Provider from any third party claim, action, demand, loss or damages (including attorney's fees and costs) arising out of or relating to such Listee's violation of these Terms of Use, such Listee's use of the Web Sites and/or such Listee's violation of any rights of any third party.

21. Remedies for Violations. Provider reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to, the right to block access from a particular Internet address to any of the Web Sites and their features.

22. Governing Law, Jurisdiction and Non-Waiver. These Terms of Use are governed by and construed in accordance with the laws of the State of Wisconsin and any action arising out of or relating to these Terms of Use shall be filed only in state or federal courts located in Dane County, Wisconsin, and all Listees and Users hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action. The failure of Provider to enforce any rights hereunder shall not constitute a waiver of any terms or conditions of these Terms of Use.

23. Privacy. Use of the Web Sites are also subject to Provider's Privacy Policy, which Privacy Policy is fully incorporated herein and may be reviewed by clicking on the following link: Privacy Policy.

24. Entire Agreement. These Terms of Use constitute the entire agreement between all Listees and Users, on the one side, and Provider, on the other side.

25. Severability of Provisions. If any provision of these Terms of Use is found unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect the validity and enforceability of the remainder of these Terms of Use.

26. Modifications to Terms of Use. Provider reserves the right to change these Terms of Use at any time. Updated versions of the Terms of Use will appear on the Web Sites and are effective immediately. Listees and Users are responsible for regularly reviewing the Terms of Use. Continued use of the Web Sites after any such changes constitutes such Listees and Users consent to such changes.

27. Policy on Refunds and Prorations of Listing Fees. Listing fees will not be charged, or if charged then refunded, if a listing is rejected at the time of submission, regardless of the reason. No other refunds will be given nor will any listing fees paid be prorated upon the termination of service. Listing fees paid for one Listee are not assignable to another Listee.

28. Address for Notices. Provider’s address for purposes of sending any notices to Provider is as follows:

Attn: Legal Department
Executive Directory, Inc.
350 Junction Road
Madison, WI 53717