Terms of Service

ExecThread, Inc.

Effective Date: May 1, 2014 (last updated: July 28, 2018)

Terms of Service

These Terms of Service, together with any community guidelines posted on this website, as well the Privacy Policy located here (collectively, the Agreement) govern your access and use of ExecThread’s website(s) and/or application(s) (collectively, the Site) and ExecThread’s services (such services, together with the Site, are referred to as the Service).  These Terms of Service are a legally binding contract between you (“you”, or “your”) and ExecThread, Inc. (“ExecThread”, “we”, “us” or “our”). Please read this Agreement carefully. By using the Service, you are indicating your acceptance of this Agreement, and you agree to be bound by all terms and conditions herein. If you do not agree to all the terms and conditions of this Agreement, you do not have any right to use the Service. If these Terms of Service are considered an offer by us, acceptance is expressly limited to the terms and conditions set forth in this Agreement.

BY USING, ACCESSING, VIEWING, CRAWLING, SCRAPING, OR BROWSING THE SERVICE, YOU INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT. PLEASE TAKE TIME TO READ THROUGH IT, AND TERMINATE SUCH USE, ACCESS, VIEWING, CRAWLING, SCRAPING, OR BROWSING IF YOU ARE UNWILLING OR UNABLE TO COMPLY WITH THIS AGREEMENT.

1. Definitions.
“Use” means engaging in any of the following activities: accessing, viewing, crawling, scraping, engaging with, browsing or otherwise utilizing the Service or its Content.
“User” means any person or entity that engages in any Use.
“Content” means any materials, content or form of input or communication on the Service, such as text, audio, and visuals such as images, videos, and photos.
“Member” means a User who has been accepted for membership with the Service and can access member-only features, which may include but are not necessarily limited to viewing job opportunities, submitting job opportunities, participating in peer review processes with respect to potential members (e.g., by voting on applicant qualifications), and inviting others to apply for membership.
Employer”  means a person or entity who is looking for candidates to fill a job opportunity through the Service, including (in the case of an entity) all divisions, business units, affiliates and/or subsidiaries of such entity. If Employer is Using the Service for or on behalf of its client, the term “Employer” shall include such client.

2. Eligibility. You affirm that you are over 18 years of age or possess the consent of your legal parent or guardian to enter into this Agreement, and that you are fully able and competent to enter into this Agreement and to comply with its terms. The Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service. Users who are accessing the Service or posting content for or on behalf of a company, entity, or organization must be authorized representatives of such company, entity, or organization who meet the foregoing eligibility requirements. Authorized representatives agree to bind the company, entity, or organization to this Agreement and represent and warrant that they have the authority to do so.

3. Changes to the Agreement. This Agreement may be modified from time to time. Notification of these modifications will be made through the posting of an updated version on the Service. Be sure to revisit this Agreement often in order to stay knowledgeable of any modifications, as they will automatically be binding on you as a User. Any modifications to this Agreement will take effect immediately upon posting. Your continued Use of the Service after modifications have been posted serves as an indication of your acceptance of the modifications and your agreement to comply with them.

4. Service Availability and Restrictions on Access. We reserve the right to make updates, revisions and modifications to the Service at any time, for any reason, at our discretion. The Service may be discontinued at any time without notice, accountability, or liability. We reserve the right to use any means necessary to prevent unauthorized access to the Service. We are not responsible to monitor any Users or Your Content. However, if we have reason to suspect that the Agreement has been violated, we reserve the right to investigate the incident and the Users we believe are involved and block such Users from the Service.

5. Ownership. The Service, its Content and the information which it contains is our property and/or the property of our affiliates and licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. We reserve all rights not expressly granted in and to the Service and the Content.

6. Use of the Service; Registration and Membership.
A. Usernames, Passwords and Screen Names; Interaction with the Service. Some or all of the materials available on Service may require prior registration, an application for membership, or a membership to access. If you decide to register or apply for membership, we may refuse to grant you, and you may not use, a user name, email address or screen name that is already being used by another account; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. You will be solely responsible for maintaining the confidentiality of any username and password used to access the Service, and will be fully responsible for all activities that occur under your username, password and/or account. You agree that you will immediately notify us of any actual or suspected unauthorized use of your username, password and/or account, or any other breach of security. In any event, you will be solely responsible for your use of and interaction with the Service (including without limitation for any information you may submit to us via email).
B. Submission of Personal Information and Career Information. When you register with the Service, make updates to your information, or submit a membership application to the Service, you will be required to provide certain personal information. In addition, certain features of the Service may allow or require you to submit your LinkedIn profile information and/or other career-related information to us (collectively, “Career Information”). You agree that we have the right, but not the obligation, to attempt to verify your personal information and Career Information in conjunction with information about you that we may obtain from outside sources (e.g., from other career websites and data services). You represent and warrant that all information that you submit or make available to us is true, accurate and complete, and that you will update this information promptly when it changes. If we suspect that your information is untrue or inaccurate, not current, or incomplete, we may, in our sole discretion, suspend or terminate your right to access the Service or any material for which registration, membership application or membership is required.
C. Submission of Job Opportunities to the Service. If you submit any job opportunities to the Service – whether by posting them in the Service, sending them to us by email, or otherwise – you are solely responsible for ensuring that you have all necessary rights and clearances to provide such job opportunities to us, and that your provision of such information to us does not and will not violate any agreements, contracts or understandings to which you are bound.
D. Our Usage of Your Information; Sharing Your Information with Hiring Firms and Recruiters; Privacy Policy. Our usage of your personal information and Career Information will be subject to the terms of the Privacy Policy located here. Without limiting the foregoing, if you are an individual (i.e. not an Employer), you agree and acknowledge that:

E. Testimonials. If you submit testimonials to us, you hereby grant us a worldwide, perpetual, non-exclusive, royalty-free, sublicenseable, transferable, irrevocable license and right to use, publish, reproduce, distribute, prepare derivative works of, display, and perform such testimonials (in whole or in part), in any form, media, or technology now known or later developed.
F. Membership; Voting; Points; All Decisions Final and Binding. With respect to individuals (i.e. not Employers), the Service strives to only accept applicants who we believe, at our sole discretion, to be at an executive level in their current career. The Service uses proprietary methods to determine whether an individual meets this criteria, and such methods and criteria may change from time to time. In cases in which the Service is not able to definitely determine an applicant’s status based on the foregoing criteria, the applicant may be put into a “peer review” process on the Service which exposes the applicant’s LinkedIn profile to current Members selected by the Service (typically up to 7 Members), and such current Members may vote on whether to grant membership to such applicant (a majority vote is typically required). Some votes may carry more weight than others, based upon on a voting Member’s status and activity level with the Service over time. Some features on the Service may be available to Members based upon a points system (e.g., it may be possible for a Member to see the job details or contact information with respect to a job opportunity only after the Member has earned a certain number of points). Points can earned by Members by: (1) contributing a job opportunity; (2) participating in a peer review (e.g., voting on prospective Member qualifications); (3) inviting others to apply for membership; and/or (4) such other methods as determined by us from time to time. IN ANY EVENT, ALL DECISIONS MADE BY US OR BY OTHER MEMBERS (INCLUDING WITHOUT LIMITATION ANY DECISIONS AS TO WHETHER TO GRANT MEMBERSHIP, AS TO THE COUNTING AND WEIGHTING OF VOTES, AS TO THE GRANTING OF POINTS, AS TO MATCHING MEMBERS WITH JOB OPPORTUNITIES, AND AS TO ALL OTHER MATTERS OF EVERY KIND AND NATURE RELATING TO THE SERVICE), ARE FINAL AND BINDING, AND ARE MADE AT OUR SOLE DISCRETION AND/OR THAT OF OUR MEMBERS. YOU HEREBY FOREVER WAIVE, AND AGREE TO RELEASE US, ALL OTHER USERS AND MEMBERS, AND ALL PARTIES RELATED THERETO, FROM ANY AND ALL LIABILITY FROM INJURY, LOSS, COST, EXPENSE, DISSATISFACTION, HARM OR DAMAGE OF ANY KIND RESULTING FROM ANY SUCH DECISIONS (INCLUDING, WITHOUT LIMITATION, REPUTATIONAL HARM, LOST PROFITS, LOST WAGES, LOSS OF GOODWILL OR OTHERWISE).

7. Restrictions on Use. During the term of this Agreement, you are granted permission to access and view the Service for career-related purposes only. This is the grant of a license, not a transfer of title. This license will automatically terminate if you violate any of the restrictions contained in this Agreement. This license may also be terminated by us at any time. You agree to comply with the terms and conditions of this Agreement, and with all applicable local, national, and international laws and regulations. You agree to conduct yourself in a professional manner at all times. You agree that you will NOT participate or engage in, nor encourage or aid others to participate or engage in, directly of indirectly, any of the following activities:

 

8. Your Content.
A. You may submit Content to us or to the Service, such as the submission of a job opportunity, sending an invitation to a prospective Member, participating in a peer review process, or submitting testimonials about the Service (collectively referred to as “Your Content”). Whether or not any of Your Content is published, you agree that we do not guarantee any confidentiality with respect to any Your Content (with the exception of peer reviews, which will remain confidential). If you are an individual (i.e. not an Employer), your contact information will not be available to other Members without your prior consent, provided, however, that your contact information may be shared with Employers who have job opportunities that we believe are relevant to you.
B. You are solely responsible for Your Content and for the consequences of submitting it. You represent, and/or warrant that you own or have all the necessary licenses, rights and permissions to use and authorize us to use Your Content, including all patent, trademark, trade secret, copyright or other intellectual property or proprietary rights therein in the manner contemplated by this Agreement. You agree and acknowledge that we do not endorse any of Your Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with Your Content.
C. If you provide feedback to us regarding the Service, Content, or any other matters (“Feedback”), you authorize us to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to us perpetual and irrevocable license to use the Feedback for any purpose. You represent and warrant that your Feedback does not contain any materials, Content or information that are confidential or proprietary to any third parties.

9. Content Feeds. From time to time, certain Content from the Service (excluding contact information of Members, recruiters and hiring firms) may be made accessible to Users through Real Simple Syndication (RSS), Atom feeds and/or other feed functionality (the “Feeds”). Feeds may not be used for commercial purposes. Any display of feeds on your web site must also offer conspicuous links to applicable pages of the Service, with acknowledgment to the Service as the original source. You must not suggest, through use or display of Feeds, that we or the Service endorse or support any third-party causes, websites, products or services. You must not redistribute Feeds. Your use of the Feeds must comply with this Agreement including but not limited to the restrictions in Section 7.

10. Termination.
A. You may discontinue your Use of the Service at any time. If you are a Member, you may discontinue your membership by sending an email to legal@execthread.com and requesting that your account be closed. Please include your name and email address associated with the Service, in your account closure request. Following closure of your account, you must cease Use of the Service. Any job opportunities that you previously contributed to the Service may remain available on the Service following your account closure.
B. We reserve the right to suspend or revoke (temporarily or permanently) your Use of the Service at any time and for any reason, without notice or liability. If we suspect that you have violated any provision of this Agreement, we may also seek any other available legal remedy. Your rights under this Agreement will terminate automatically if you breach any part of this Agreement. You remain solely liable for all obligations related to your Use, even after you have stopped using the Service.
C. We reserve the right to decide whether Your Content is appropriate and complies with this Agreement. We may remove any or all of Your Content at any time, without prior notice and at our sole discretion. We reserve the right to make formatting changes to Your Content.
D. All Sections that, by their nature, are intended to survive termination or expiration of this Agreement, shall so survive (including without limitation Sections 1, 3, 4, 5, 6E, 6F, 7, 8B, 8C, 9, 10D and 11 through 15).

11. Copyright Notices. We will respond to properly submitted notices of alleged copyright infringement that comply with applicable law. In the event that a person or entity has a good faith belief that its Content is being displayed on or through the Service in a manner that constitutes copyright infringement (such person or entity, a “Complainant”) and sends to us a properly submitted copyright notice as indicated below, we will investigate, and if we determine, in our discretion, that the material is infringing, we will remove the Content (and may terminate the access of the User who posted such Content to the Service, where applicable, in the case of Users who are repeat infringers). All notices claiming an infringement of copyright rights must contain the following:
(i) Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the Complainant’s ownership of the work, should be included.
(ii) A statement specifically identifying the location of the infringing material, with enough detail that we may find it on the Service. Please note: it is not sufficient to merely provide a top level URL.
(iii) The complete name, address, telephone number and e-mail address of Complainant.
(iv) A statement stating that Complainant has a good faith belief that the use of the material is not authorized by the owner of the rights, their agents, or by law.
(v) A statement that the information contained in the notification is accurate, and under the penalty of perjury, Complainant is authorized to act on behalf of the owner of the copyright or other property rights that are allegedly infringed;
(vi) A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property rights that are allegedly being infringed.

Our contact information for notice of alleged copyright infringement is:

legal@execthread.com
ExecThread, Inc.
49 W 38th St
New York, NY 10018

12. Warranties, Disclaimers, and Limitations of Liability.

A. NO WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, ARE MADE BY US AS TO (1) THE SERVICE OR ITS OPERATION OR FUNCTIONALITY, (2) THE SAFETY, USEFULNESS, LEGALITY, QUALITY, COMPLETENESS, INTEGRITY AND ACCURACY AND NON-INFRINGEMENT OF ANY CONTENT OR MATERIAL ON THE SERVICE, (3) THE ACTIONS OR OMISSIONS OF ANY OTHER USERS OF THE SERVICE, OR THE INTERACTION BETWEEN OR AMONG USERS ON THE SERVICE; OR (4) ANY JOB OPPORTUNITIES, ADVERTISEMENTS, PRODUCTS OR SERVICES POSTED, PROMOTED, DISTRIBUTED OR SOLD BY USERS, ADVERTISERS OR THIRD PARTIES ON THE SERVICE. ALL CONTENT CONTAINED ON THE SERVICE IS MADE AVAILABLE ON AN “AS IS” BASIS.

B. WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SERVICE, WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

C. WE DO NOT ACCEPT, AND EXPRESSLY DISCLAIM, ALL LIABILITY FOR LOSSES OR DAMAGE ARISING FROM YOUR DEALINGS OR COMMUNICATIONS WITH THE USERS, BUSINESSES OR ADVERTISERS WHO POST, MAKE AVAILABLE OR DISTRIBUTE ANY CONTENT OR ADVERTISING ON THE SERVICE. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND OTHER USERS, THIRD-PARTY ADVERTISERS, OR 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.

D. IN NO EVENT SHALL WE OR OUR AFFILIATES, PARENTS, SUBSIDIARIES, MANAGERS, MEMBERS, EMPLOYEES, DIRECTORS, OFFICERS, LICENSORS, SUPPLIERS OR AGENTS (COLLECTIVELY, “RELEASED PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE, THE CONTENT, YOUR CONTENT, ANY JOB OPPORTUNITIES OR PRODUCTS OR SERVICES AVAILABLE OR ADVERTISED ON THE SERVICE, OR YOUR DEALINGS OR COMMUNICATIONS WITH THE USERS, BUSINESSES OR ADVERTISERS WHO POST, MAKE AVAILABLE OR DISTRIBUTE ANY CONTENT OR ADVERTISING ON THE SERVICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT SHALL ANY OF THE RELEASED PARTIES BE LIABLE FOR REPUTATIONAL HARM, LOST PROFITS, LOST WAGES, LOSS OF GOODWILL OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IF YOU RESIDE IN SUCH A JURISDICTION, THE ABOVE LIMITATIONS APPLY TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW.

E. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE THE RELEASED PARTIES FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL AND DIRECT AND INDIRECT) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

F. CALIFORNIA RESIDENTS. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

G. OUR MAXIMUM TOTAL LIABILITY (AND THAT OF OUR AFFILIATES, PARENTS, SUBSIDIARIES, MANAGERS, MEMBERS, EMPLOYEES, DIRECTORS, OFFICERS, LICENSORS, SUPPLIERS AND AGENTS) TO YOU FOR ANY CLAIM UNDER OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (I) THE AMOUNTS PAID BY YOU TO US FOR USE OF THE SERVICE DURING THE ONE (1) MONTH PRIOR TO THE DATE ON WHICH THE CLAIM AROSE, OR (II) $25.00. 

H. THE ABOVE ALLOCATION OF RISK IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION 12 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

I. THE SERVICE IS CONTROLLED AND OFFERED BY US FROM OUR FACILITIES IN THE UNITED STATES OF AMERICA. WE MAKE NO REPRESENTATIONS THAT THE SERVICE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SERVICE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH THEIR LOCAL LAW.
13. Indemnity. You will indemnify, defend and hold harmless us and our parents, subsidiaries, licensors, affiliates, suppliers and partners, and the officers, employees, agents and representatives of each of them from and against any and all costs, liabilities, obligations, damages, losses, debts and expenses (including reasonable legal fees and costs) arising from or related to: (i) your Use of the Service, (ii) Your Content; (iii) your violation of any of the terms and conditions in this Agreement, and/or (iv) any infringement or violation by you or a third party that may be using your account of any intellectual property right, proprietary right or other right of any person or entity. You may not settle any claim without our prior written consent. This defense and indemnification obligation will survive this Agreement and your termination of Use of the Service.

14. Third Party Content and Terms. You may encounter links to other websites or media (“Third Party Sites“) on the Service. Be aware that no Third Party Sites are endorsed, supported, or controlled by us. You agree that the accountability for Third Party Sites, including their content, privacy policies and practices, lies solely with the owners and operators of such Third Party Sites and not with us. By using the Service, you expressly relieve us from any and all liability arising from your use of any Third Party Site. If you use any social sharing features available on the Service (e.g., functionality which allows you to share Content on or from the Service with a social network, professional network or any other platform), you agree to comply in all respects with the network or platform’s terms of use, policies and rules (collectively, “Platform Policies”). You are solely responsible for adhering to, and shall adhere to, all applicable Platform Policies.

15. Miscellaneous. This Agreement is governed and interpreted pursuant to the laws of the State of New York, United States of America, notwithstanding any principles of conflicts of law. You agree to submit to the personal and exclusive jurisdiction and venue of the courts located within New York County, New York for all matters arising under this Agreement. You and us agree to bring any dispute on an individual basis only, and not as a class or collective action. There will be no right or authority for any dispute to be brought, heard or arbitrated as a class or collective action. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement. The captions in this Agreement are solely for convenience and shall not affect the interpretation of this Agreement. This is the entire Agreement between the parties relating to the subject matter herein and shall not be modified except in writing signed by both parties or by a new posting by us as described above. This Agreement does not provide you with the authority to bind us in any way whatsoever. No waiver shall be constituted due to a failure on our part to exercise or enforce any of the rights or provisions outlined within this Agreement. 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. You shall not assign this Agreement. Any assignment made in violation of this Agreement will be void. We reserve the right to transfer or assign these Terms of Service or the Agreement without restriction. You agree that regardless of any statute or law to the contrary, any claim or cause of action against us arising out of or related to use of the Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. All notices to us in connection with this Agreement will be deemed given as of the day they are received either by email, messenger, delivery service, or in the U.S. Mail, postage prepaid, certified or registered, return receipt requested, and addressed as follows or to such other address as we may designate pursuant to this notice provision. Notices to us shall be sent via email to legal@execthread.com or to the following mailing address:

ExecThread, Inc.
49 W 38th St
New York, NY 10018

Notices to you may be sent via email to the email address you have provided as part of your registration information.

last updated: July 28, 2018