Use of the Site is available only to individuals who are at least 18 years old. If you are not yet 18 years old, you are not authorized to use the Site.
This Agreement and the information and materials presented herein are subject to change at any time and without prior notice. By accessing the Site at any time after such modifications, you are agreeing to such modifications. This Agreement was last modified as of April 4, 2013.
Acceptable Use of the Site
General Use Rules. The Site is intended for individuals seeking to manage their career and/or seeking employment and for employers seeking candidates for employment. You may use this Site only for lawful purposes within the stated context of Ivy Exec's intended and acceptable use of the Site. Ivy Exec is the sole interpreter of the Site's intended and acceptable use.
License to Use by Users who are managing their careers and/or seeking employment opportunities. Ivy Exec hereby grants you a limited, terminable, non-exclusive right to access and use the Site only for your personal use managing your career and/or seeking employment opportunities for yourself. This authorizes you to view and download a single copy of the material on the Site solely for your personal, noncommercial use. You agree that you are solely responsible for the content of any information you post to the Site and any consequences arising from such posting. Your use of the Site is a privilege. Ivy Exec reserves the right to suspend or terminate that privilege for any reason at any time, at its sole discretion.
License to Use by Users who are Employers. Ivy Exec hereby grants you a limited, terminable, non-exclusive right to access and use the Site only for your internal business use seeking candidates for employment. This authorizes you to view and download a single copy of the material on the Site solely for your personal use directly related to using the Site for the purpose of searching and recruiting job prospects. You may not sell, transfer or assign any products or services or your rights to any products or services (including access to the Professional Database) provided by Ivy Exec to any third party without the express written authorization of Ivy Exec. You agree that you are solely responsible for the content of any information you post to the Site and any consequences arising from such posting. Ivy Exec reserves the right to suspend or terminate your access and use at any time if Ivy Exec determines that you are in breach of any of these Terms and Conditions.
Section - 1 Relationship of Employer and Professional
Ivy Exec does not accept liability as an employer, singularly or jointly, of any professional and the employment/independent contractor status of any professional as such status pertains to such professional's relationship with the employer is solely determined by an agreement between the professional and the employer. The Employer agrees and understands that Ivy Exec will not in any way be involved in the terms and conditions of the employment or contracting arrangement with any professional.
Section - 2 Job Posting, Database Search Access, Dedicated Newsletters and Ivy Exec Top 10 ("Employer Services ")
All fees due by customers for purchased Employer Services are due within thirty (30) days from delivery of the service. Fees paid for Employer Services are non-refundable.
Section - 3 Inputting Information
You shall not enter illegal or improper information into the system, including, without limitation, the following:
- Information that is false, inaccurate, incorrect, incomplete, inexact, outdated or otherwise wrong;
- Information subject to confidentiality, non-disclosure, non-competition, trade secret or proprietary rights, limitations or restrictions;
- Information that infringes the copyrights or intellectual property rights of others;
- Information that is sexually explicit, profane, pornographic, immoral, obscene, vulgar, offensive, violent, dangerous, harmful, threatening, abusive, harassing, hateful, discriminatory or racially, ethnically or otherwise objectionable;
- Information that is defamatory, libelous or invasive of privacy or publicity rights of others;
- Information that is actionable or may subject Ivy Exec to legal action or liability of any kind;
- Information that violates any applicable local, state, national or international law, regulation, or convention.
Section - 4 Acts Against the System
You shall not attempt to or engage in potentially harmful acts that are directed against the system including, without limitation, the following:
- Causing, allowing or assisting any other person to use your account or impersonate you;
- Forging screen names, manipulating identifiers or otherwise impersonating any other person for any reason;
- Emulating or faking usage of the system;
- Falsely stating or otherwise misrepresenting your affiliation with any person or entity;
- Introducing viruses, worms, software, Trojan horses or other similar harmful code into the system;
- Causing, allowing or assisting machines, bots or automated services to access or use the system without the express written permission of Ivy Exec;
- Tampering with the operation, functionality or the security of the system;
- Attempting to override or circumvent any security or usage rules embedded into the system that permit digital materials to be protected;
- Misusing, tricking, disrupting or otherwise interfering with the system.
Section - 5 Suspected Misuse and Penalties
Ivy Exec shall be the sole and final arbiter of suspected Code violations, misuse and penalty. Suspected violations may result in penalties for misuse including, without limitation, one or more of the following:
- Assessment of penalty points to your account;
- Personal identification;
- Legal action.
- Ivy Exec reserves the right to seek civil, criminal or injunctive relief, at its sole discretion and without obligation, to enforce this code.
Section - 6 Interruption and Errors
Ivy Exec does not guarantee that the system will be uninterrupted or error-free. Ivy Exec may modify, amend, adapt, supplement, suspend, discontinue, terminate or make other similar changes, temporarily or permanently, to the system, or any portion thereof, at its discretion, with or without notice. The system may be interrupted, delayed or unavailable for your access from time to time for reasons including, but not limited to, the following: routine data compilation, service and maintenance; attacks, interference or interruption by the acts of third parties; earthquake, flood, fire, storm or other natural disaster; war, terrorism, armed conflict; labor strike, lockout or boycott; power failure or blackout; or other unforeseen or unavoidable events. Ivy Exec shall not be liable to you or to any third party for routine, unforeseen or unavoidable interruption, delay or unavailability.
Section - 7 Securing Member Information
Ivy Exec uses commercially reasonable business practices to secure its system. Ivy Exec does not guarantee the security of information and shall not be responsible for infiltration, provided that commercially reasonable practices have been used.
Section - 8 Automatic Renewal Process
All subscriptions are automatically renewed and billed before the end of the current membership term. Discounted memberships will be renewed automatically at the regular membership rate at end of the discounted membership term. Memberships that begin with a free trial will be renewed automatically at the regular membership rate at end of the free trial period. The renewal process is automatically initiated before current memberships expire to maintain uninterrupted member access and a continuous membership history. Ivy Exec reserves the ability to cancel auto-renewal for members as needed. Members have the ability to opt-out of auto-renewal at any point in time, by going to My Account and clicking on Cancel Auto-Renew. Members who wish to cancel their All Access membership will have up to 7 days from the start of their All Access membership to cancel and receive a full refund. All subscriptions not cancelled within this 7 day period (including those subscriptions that are automatically renewed) may be canceled at any time but no refund will be issued. The 7 day refund period does not apply to members who receive a Resume Critique for the corresponding billing period.
Section - 9 Reliance and Assumption of Risk
Use of the system is at your sole discretion and risk. You have independently evaluated the desirability of using the system. You are not relying on any representation, guarantee, or statement other than this contract. You shall not rely on the accuracy, completeness, usefulness or legality of the system or any information made available through the system at any time. You shall bear all risks of and are solely responsible for your use of the system and all information made available to you through the system.
Section - 10 Disclaimer of Warranties
IVY EXEC MAKES NO REPRESENTATION, GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, RELATED TO THE SYSTEM, THE INFORMATION MADE AVAILABLE THROUGH THE SYSTEM OR THEIR RESPECTIVE USES. THE SYSTEM AND THE INFORMATION MADE AVAILABLE THROUGH THE SYSTEM MAY CONTAIN ERRORS AND/OR BUGS AND MAY PRODUCE UNEXPECTED RESULTS. THE SYSTEM AND THE INFORMATION MADE AVAILABLE THROUGH THE SYSTEM ARE PROVIDED 'AS IS.' ANY AND ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Section - 11 Limitation of Liability
YOU EXPRESSLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT IVY EXEC SHALL NOT BE LIABLE FOR ANY GENERAL, SPECIAL, CONSEQUENTIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, INFORMATION, BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES) WHATSOEVER ARISING OUT OF THIS AGREEMENT OR THE USE OR INABILITY TO USE THE SYSTEM, INCLUDING THE CONDUCT OF ANY THIRD PARTY, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT IVY EXEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. APPLICABLE LAW MAY NOT ALLOW LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Your exclusive remedy for any claim shall be limited to the subscription fee paid by you for the subscription term during which the event giving rise to the claim occurred. In no event shall liability to you exceed the amount paid by you for your subscription fee. The limitations, exclusions and disclaimers set for above shall apply and be enforceable to the maximum extent allowed by applicable law, even if any remedy fails its essential purpose.
Section - 12 Indemnifications
You agree to indemnify, defend, and hold Ivy Exec harmless against any loss, damage, cost, allegation, liability, expense, claim or demand, including court costs and reasonable fees for attorneys or other professionals, made by any third party resulting from your use of the system or information made available through the system or your breach of any of the terms of this Agreement.
Section - 13 Legal Inquiries and Requests
In response to a verified request by law enforcement or other government officials relating to a criminal investigation or alleged illegal activity, you agree and authorize Ivy Exec to disclose information about you without a subpoena. Ivy Exec, at its sole discretion, may assist third parties to protect their rights in the event that illegal or improper information is entered into or made available through the system or information made available through the system is used for illegal or improper purposes. Ivy Exec may disclose information about you as required by law or to comply with legal process, to report suspected illegal activities or to protect the rights, property or interests of Ivy Exec. Ivy Exec reserves the right and discretion, without obligation, to enforce this contract by any appropriate legal means available.
Section - 14 Choice of Law, Jurisdiction, Forum and Remedies
Section - 15 Licensed Trademarks; User Submissions; Intellectual Property Rights; DMCA
All trademarks and registered trademarks are the property of their respective owners.
Employers, mentors, online classes presenters and other users and each of their representatives who submit content (any such content, “User Submissions”) to Ivy Exec (whether via the Site or any other manual or electronic means) hereby grant Ivy Exec a royalty-free, perpetual, irrevocable, freely sublicenseable and assignable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, distribute, communicate to public, perform and display the User Submissions (and any modifications or derivative works thereof) in any media or distribution channel that may now or hereafter exist, in any geographic location. Furthermore, you agree that notwithstanding any rights of publicity, privacy or otherwise (whether or not statutory) anywhere in the world and without any further compensation, we may and are hereby authorized to use your name in connection with promotion of your User Submissions and the Company’s business, and to allow the Company’s assignees and/or sublicensees to do the same.
By submitting any User Submissions, you represent and warrant that such User Submissions are accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations, and do not violate the intellectual property or other rights of any third party.
We expressly disclaim any and all liability in connection with User Submissions. We reserve the right to remove content and User Submissions without prior notice (or to refuse to transmit or publish any User Submission) for any reason.
We will not tolerate violations of intellectual property rights. If you are a copyright owner and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA"). To provide us notice of an infringement, you must provide a written communication to the attention of "DMCA Infringement Notification Dept." at Ivy Exec, Inc., 6 East 39th Street, 11th Floor, New York, New York 10016 or by email to email@example.com that sets forth the information specified by the DMCA (see http://www.copyright.gov/title17/92chap5.html#512). You may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.
Section - 16 Third Party Links
Our system contains links to other sites. Ivy exec does not control or endorse those sites by linking to them. You are solely responsible for your use of those sites.
Section - 17 No Third Party Beneficiary
This contract is only for the benefit of you and Ivy Exec. No third party has any right, claim or interest under this contract as a third party beneficiary.
Section - 18 Assignment
You may not assign or transfer your rights or obligations under this contract.
Section - 19 Waiver
Delay or failure to enforce any terms of this contract is not a waiver of such terms.
Section - 20 Entire Contract
Section - 21 Severability of Terms
If any terms of this contract are found to be unenforceable, all remaining terms shall continue in full force and effect as allowed by law.
Section - 22 Headings
Headings are used for convenience and are not to be used for meaning or intent.
Section - 23 Electronic Communications
Most communications between us and you will be sent and received electronically. You agree that all agreements, notices, disclosures and other electronic communication exchanged between you and us shall satisfy any legal requirements that such communications be in writing.
Section – 24 Special Provisions Relating to Participation in Mentor Network
Mentors acknowledge and agree that they are providing certain personally-identifiable information (for example, photos, background, etc.) for public posting on the Site. All such information shall be deemed User Submissions of Mentor and, as such, we will have a license to use such information pursuant to Section 15. Each Mentor represents and warrants to us that such Mentor’s information is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations, and does not violate the intellectual property or other rights of any third party. As with other User Submissions, we expressly disclaim any and all liability in connection with such information and reserve the right to remove any such information without prior notice (or to refuse to transmit or publish any such information) for any reason. In addition, users should be aware that we do not endorse the views of any Mentor, that such Mentor’s advice and recommendations are their own and not necessarily the same as Ivy Exec, and that the inclusion of a Mentor in the Mentor Network does not in any way represent an endorsement of such Mentor or his or her services.
Your participation in the Mentor Network (whether as a mentor or a protégé) is at your own risk. Ivy Exec does not supervise any interactions between mentors and protégés, and is not involved in any way with their actions. You acknowledge and agree that by participating in the Mentor Network you may be exposed to a variety of risks and hazards, and are solely responsible for all costs and/or risks associated with such participation. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE IVY EXEC AND EACH OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS AND REPRESENTATIVES FROM ANY CLAIMS OR DAMAGES OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, RELATING TO YOUR PARTICIPATION IN THE MENTOR NETWORK, WHETHER AS A MENTOR OR PROTEGE. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS.
If applicable, you waive California Civil Code Section 1542, which states, in relevant part: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Mentors and protégés are required to manage their entire relationship through the Site, and any communications made offline are required to be reported to Ivy Exec. The Mentor Network is only available to protégés who have an All Access subscription. Protégés must maintain an All Access subscription for as long as they are communicating with a mentor in the network and, in the event that a protégé continues to work with or communicate with a mentor after his or her All Access subscription expires, he or she shall be liable to Ivy Exec for All Access subscription fees for any period of time during which such communication continued.