ExecShape Terms of Service
Please use common sense when performing any of the recommendations on www.ExecShape.com or from one of our Executive Health Coaches. ExecShape is not liable for any actions taken as a result of being a client of ExecShape. If you are unsure or uncomfortable with anything, consult your doctor immediately and DO NOT DO IT.
Acceptance of Terms of Service
These Terms of Service (these “Terms of Service”) are an agreement between you and Aspatore Ventures, Inc dba ExecShape. (“ExecShape,” “we,” “us,” or “our”). These Terms of Service govern your access to and use of the website https://www.ExecShape.com (the “Website”), whether as a guest, registered member (a “Member”), or other. Please read these Terms of Service carefully before using the Website. By accessing the Website and/or by clicking a box that states that you accept or agree to these Terms of Service, you signify your understanding of, and agreement with, these Terms of Service and any changes to them. We reserve the right to change these Terms of Service from time to time in our sole discretion. If you do not agree to and accept these Terms of Service, and any future changes or modifications to them, you do not have permission to access the Website and you should stop using the Website immediately.
When using particular services on the Website, you are subject to any guidelines, rules and/or additional terms and conditions applicable to such services that may be posted on the Website from time to time. All such guidelines, rules, and/or additional terms and conditions are hereby incorporated by reference into these Terms of Service. To the extent of any inconsistency between any provision or provisions of these Terms of Service and any other guidelines, rules and/or additional terms and conditions posted on the Website from time to time, the provision(s) of these Terms of Service shall control.
Access to the Website
In general, you can access and browse portions of the Site without registering as a member with ExecShape. If you wish to become a Member and get full access to ExecShape (the “ExecShape Platform”), we will request personally identifiable information from you. As a condition of your use of the ExecShape Platform, you agree to provide true, accurate, current and complete information about yourself and to keep such information up to date and current at all times. We reserve the right to add other services, activities and features to the Website from time to time which are only available to members.
You are responsible for ensuring that all persons who access the Website through your internet connection are aware of and comply fully with these Terms of Service.
Membership and Fees
With respect to Members only, upon completing the registration process, each Member accepts membership in the ExecShape Platform. For access to the ExecShape Platform, each Member agrees to pay a non-refundable membership fee (including applicable taxes), which will be billed on either a monthly or annual basis (the “Membership Fee”), until such time as the Member cancels his or her membership. Each Member can obtain a copy of his or her invoice for the Membership Fee by contacting us by e-mail at simon.mahler@ExecShape.com. The Membership Fee may be modified from time to time based on sales and promotions offered by ExecShape, in its sole discretion.
By registering as a Member, you agree that we may start your subscription immediately upon our acceptance of your registration. No refunds will issued for the month in which the cancellation occurs or any previous month under any circumstances. You may cancel your membership by providing us at least fifteen (15) calendar days written notice prior to the next Membership Renewal Date. Should you wish to cancel your service you may contact us at customerservice@ExecShape.com.
Use and Protection of User Name and Password
In connection with your membership, you will select a user name and password. We authorize you to access and use the ExecShape Platform, subject to these Terms of Service.
You are responsible for maintaining the confidentiality of your user name and password. You agree to notify us immediately by contacting us at the address below as soon as you become aware of any breach of the confidentiality of your user name or password, or any breach of security through your account.
Use of Payment Information
By providing credit or debit card information, you represent, warrant and covenant that: (i) you are legally authorized to provide such information, (ii) you are legally authorized to initiate payments from the credit or debit card account(s), and (iii) such action does not violate the terms and conditions applicable to your use of such credit or debit card account(s) or applicable law.
Use of Content
You are permitted to view, download, and print content from the Website subject strictly to the following conditions: (i) the content may be used solely for information purposes and for your own personal non-commercial private use, (ii) the content may not be modified, adapted or altered in any way; and (iii) you do not acquire any ownership rights to any content on the Website.
The rights granted to you constitute a limited license and not a transfer of title. You may not copy, store in any medium (including, without limitation, on any other website), modify, adapt, publish, distribute by any means (including, without limitation, via any peer-to-peer network), prepare derivative works from, broadcast, communicate to the public or transmit any part of the Website or any of the contents contained in the Website or otherwise use the content for any other purpose other than as expressly permitted herein. Elements of the Website are protected by trade dress and other laws and may not be copied or imitated in whole or in part. You agree not to use any means to circumvent log in, password, and other protections that we put in place to restrict access to certain parts of the Site. Any other use requires our prior written permission. Any rights not expressly granted in these Terms of Service are reserved wholly and exclusively to us.
Any unauthorized use terminates the permission or license granted by us and shall constitute a clear and material breach by you of these Terms of Service.
The Website can be accessed from countries around the world and may contain references to our content and services that may not be available in your country. These references do not imply that we intend to provide such content or services in your country. If applicable law prohibits such use, you are not authorized to use the Website. These Terms of Service are void where prohibited by law, and the right to access and use the Website, ExecShape Platform, content and services is revoked in such jurisdictions.
If you submit any information, content or contribution, including, without limitation, your name, any biographical information, medical information, any company name, messages or other text, graphics, photo, video or audio, while using the Website or the ExecShape Platform or speaking with an executive health coach (a “Contribution”), you grant to us the right to store the information in your account. Further, by submitting any Contribution to the Website or your account directly, you represent, warrant and undertake that such Contribution: (i) is your own original work, or submitted with the express permission of the owner, or is in the public domain, and that you have the right to make it available to us for all the purposes specified above; (ii) is not defamatory; and (iii) does not infringe any law or the intellectual property rights or other proprietary rights of any third party.
We reserve the right to suspend or to terminate your access to the whole or any part of the Website without notice if, in our opinion, any Contribution you submit to the Website infringes the intellectual property rights of any third party or otherwise does not comply with any provision of these Terms of Service, or in any way we determine is harmful to us.
if you are a Member:
You agree to:
Use the Website only in compliance with all applicable laws, including, without limitation, privacy laws, intellectual property laws, ant-spam laws, export control laws, tax laws, and regulatory requirements; Use your real name when interacting with other guests or members on the Website or on the ExecShape Platform; and Use the Website and ExecShape Platform in a professional manner.
You agree that you will not:
Act dishonestly or unprofessionally, including by posting inappropriate, inaccurate, or objectionable content;
Add content that is not intended for, or is inaccurate for, a designated field (e.g. submitting a telephone number in the “title” field);
Create a false identity on the ExecShape Platform;
Use or attempt to use another member’s account;
Harass, abuse or harm another person;
Send spam or other unwelcomed communications to others;
Scrape or copy profiles and information of others through any means (including crawlers, browser plugins and add-ons, and any other technology or manual work);
Act in an unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable manner;
Make any statement, or induce any third party to make any such statement that in any way reflects adversely upon the business or reputation of ExecShape;
Disclose information that you do not have the right to disclose (such as the confidential information of others, including your employer);
Violate the intellectual property rights of others, including patents, trademarks, trade secrets, copyrights, or other proprietary rights;
Post any unsolicited or unauthorized advertising, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of unauthorized solicitation;
Send messages from the ExecShape Platform to distribution lists, newsgroup aliases, or group aliases;
Post anything that contains software viruses, worms, or any other harmful code;
Manipulate identifiers in order to disguise the origin of any message or post transmitted through the ExecShape Platform;
Create or operate a pyramid scheme or engage in fraud or other similar practices;
Copy or use the information, content or data of others available on the ExecShape Platform;
Copy or use the information, content or data on the ExecShape Platform to solicit or recruit members in connection with a competitive service, organization or group (as determined by ExecShape);
Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Website, ExecShape Platform or any related technology, or any part thereof;
Imply or state that you are affiliated with or endorsed by ExecShape without our express consent;
Rent, lease, loan, trade, sell/re-sell access to the ExecShape Platform or related any information or data;
Sell, sponsor, or otherwise monetize any other feature of the Website or the ExecShape Platform, without our written consent;
Remove any copyright, trademark or other proprietary rights notices contained in or on the Website;
Collect, use, copy, or transfer any information obtained from ExecShape without our written consent;
Share or disclose information of others without their express consent;
Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” the Website, the ExecShape Platform or any related data or information;
Use bots or other automated methods to access and interact with the Website or the ExecShape Platform;
Monitor the Website’s availability, performance or functionality for any competitive purpose;
Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Website or the ExecShape Platform;
Access the Website or the ExecShape Platform except through the interfaces expressly provided by ExecShape;
Override any security feature of the Website; and/or
Interfere with the operation of, or place an unreasonable load on, the Website (e.g., spam, denial of service attack, viruses, gaming algorithms).
These conduct obligations apply during and after the term of your membership. If you breach your conduct obligations, ExecShape may pursue any and all available remedies as described under “Remedies” below. We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone suspected to have acted or to have attempted to act in breach of these Terms of Service.
Links to third party websites on the Website are provided solely as a convenience to you. We have not necessarily reviewed all of these third party websites and pages and we do not control and are not responsible for the accuracy or availability of information, content or services provided by them. We therefore do not endorse or make any representations about them, or any content found on them, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions that may be applicable to such websites.
Links from third party websites to the Website may be created through plain-text links only (i.e. no logos) and provided they do not create an association with a third party brand, product or service. For other types of links to the Website, you must obtain our express written permission. We reserve the right to deny or rescind permission to link to the Website, and to require termination of any link to the Website, for any reason in our sole and absolute discretion.
All intellectual property and other proprietary rights, including (without limitation) copyright, trademarks and database rights, in the Website and its contents are owned by or licensed to us, or otherwise used by us as permitted by applicable law. Logos and designs are our registered trademarks in territories around the world.
The use or misuse of these trademarks or any content, except as expressly permitted herein, and including without limitation use as a domain name or as part of a domain name, is expressly prohibited and nothing stated or implied on the Website confers on you any license or right under any patent, copyright work, trade mark, design or other right of a similar nature of ours or any third party.
Nothing stated or implied in the Website is designed to grant any license or right under any copyright or other intellectual property rights of ours or any third party or to use any names, logos, pictures, trademarks or other works or content featured on the Website. No act of downloading or otherwise copying or reproducing from the Website will transfer title to you to any software or content on the Website, unless express statements are communicated to you by us to the contrary.
Notice of Copyright Infringement
We may, in appropriate circumstances and at our sole discretion, terminate the accounts of users involved in disputes regarding intellectual property rights and remove or disable access of such user to the Website. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Website, you must provide our Copyright Agent with a written notice (“Notice”) containing the following elements: (a) a physical or electronic signature of the person authorized to act on behalf of the copyright owner that is alleged to have been infringed; (b) a description of the copyrighted work(s) that you claim have been infringed including the date the work(s) was created, the name of the author(s), the title of the work(s), and whether the work(s) has been registered with the United States Copyright Office. If the work(s) has been registered with the United States Copyright Office, also provide a copy of the Copyright Registration; (c) a description of the activity or the content on our Website claimed to infringe the copyright including where the content is located on the our Website; (d) information sufficient to permit us to contact you, such as your physical address, telephone number, email address, and facsimile number; (e) a statement by you that you have a good faith belief that the use of the content identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law, and infringes upon the copyright identified; and (f) a statement by you under penalty of perjury, that the information in your Notice is accurate and, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Notice of claims of copyright infringement should be sent to:
Hangar 7 Hamilton Landing, Suite 200
Novato, CA 94949
Attn: Copyright Agent
The security of Internet traffic is uncertain and so, if you communicate with us by e-mail, you accept the risks of such uncertainty and the possible lack of security and threat to confidentiality which may result from any such communication.
INFORMATION ON THE WEBSITE MAY BE OR BECOME OUT OF DATE FROM TIME TO TIME AND WE ARE UNDER NO OBLIGATION TO UPDATE IT. NO REPRESENTATION OR GUARANTEE (INCLUDING LIABILITY TOWARDS THIRD PARTIES), EXPRESSED OR IMPLIED, IS MADE AS TO THE ACCURACY, RELIABILITY OR COMPLETENESS OF ANY WEBSITE CONTENT. WE ARE NOT RESPONSIBLE FOR THE CONTENT OF EXTERNAL INTERNET WEBSITES.
IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT ANY DOCUMENTS, DATA, INFORMATION, CONTENT OR MATERIALS CONTAINED IN OR MADE AVAILABLE ON THE WEBSITE HAVE NOT BEEN PREPARED WITH YOUR SPECIFIC CIRCUMSTANCES IN MIND, MAY NOT BE SUITABLE FOR USE IN YOUR BUSINESS, AND ARE NOT INTENDED AS A SUBSTITUTE FOR, THE KNOWLEDGE, EXPERTISE, SKILL AND JUDGMENT TAX, LEGAL OR OTHER PROFESSIONALS. THE SERVICES DO NOT PROVIDE TAX OR LEGAL ADVICE. YOU ARE RESPONSIBLE FOR OBTAINING SUCH ADVICE.
YOUR USE OF THE WEBSITE, OR OTHER CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE, IS AT YOUR OWN DISCRETION AND SOLE RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DEVICE WITH WHICH YOU ACCESS THE WEBSITE AS WELL AS FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT. WE MAKE NO WARRANTY OR REPRESENTATION THAT THE WEBSITE OR ANY FUNCTIONS, SERVICES AND FACILITIES CONTAINED OR PROVIDED ON THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, BUGS, SPYWARE OR SIMILAR FLAWS.
THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES, CONDITIONS AND OTHER TERMS OF ANY KIND (WHETHER EXPRESS OR IMPLIED), INCLUDING (BUT NOT LIMITED TO) ANY IMPLIED TERM OF ACCURACY, COMPATIBILITY, SECURITY, MERCHANTABILITY, SATISFACTORY QUALITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY TERM AS TO NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES THAT CANNOT BY LAW BE EXCLUDED ARE LIMITED TO SIXTY (60) DAYS.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE IN ANY WAY LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING (WITHOUT LIMITATION) DAMAGES FOR LOSS OF PROFITS, CONNECTIVITY, OPPORTUNITIES, REPUTATION, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR ANY OTHER DAMAGES OR LOSSES WHATSOEVER ARISING IN ANY WAY OUT OF, FROM, OR IN CONNECTION WITH, THE USE OF OR INABILITY TO USE THE WEBSITE OR ANY INFORMATION, DATA OR CONTENT CONTAINED ON OR OBTAINED FROM THE WEBSITE, OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS WEBSITE, WHETHER ARISING IN AN ACTION IN CONTRACT, NEGLIGENCE, OTHER TORT ACTION, OR ON ANY THEORY OF LIABILITY AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGOTIATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU.
As a condition of your access to and use of the Website, you hereby expressly agree to indemnify and hold us and our subsidiaries, affiliates, licensors, licensees, shareholders, officers, agents, employees and other partners harmless from and against any and all liabilities, losses, damages, claims, penalties, fines, costs, awards and expenses (including, without limitation, reasonable legal fees and costs) arising from, related to or in connection with: (i) any transaction or dispute between you and any third party; (ii) unauthorized access to the Website through your account; (iii) a breach of any of your representations, warranties, or covenants under the Terms of Service; (iv) a request by you for us to remove or disable access to any content in or on the Website; (v) content you submit, transmit or make available through us; (vi) your use of the Website; or (vii) your violation(s) of these Terms of Service. You shall not enter into a settlement of the foregoing nor incur expenses and fees in defending the above claims, actions, or allegations without our prior written approval.
If you breach any of the Terms of Service, your authorization to use the Website automatically terminates and you must immediately destroy materials downloaded, received by email or printed from the Website.
We reserve the right at all times, in our absolute discretion and without prior notice to you, to terminate your membership, password and/or your use of the whole or any part of the Website, for any reason, including (without limitation) if we believe that you have breached or otherwise not complied with any provision of these Terms of Service. You agree that we will not be liable to you or any third party in any way for any termination of your access to the Website. We may also in our absolute discretion and at any time discontinue providing the whole or any part of the Website, with or without notice.
Changes to these Terms of Service
We reserve the right to change the Terms of Service at any time without notice to you. Any changes in the future will be posted to the Website. You are responsible for checking this page periodically in order to review the current version of the Terms of Service. Please note that, at all times, you are responsible for updating your personal information to provide us your current e-mail address. Each time you visit the Website, you agree and acknowledge that you are agreeing to abide by the then current Terms of Service that are posted. Your continued use of the Website following any changes shall constitute your acceptance to the updated Terms of Service as amended.
You agree that our remedy at law for any actual or threatened breach of these Terms of Service would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys’ fees.
No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation, damages, injunctive relief, and attorneys’ fees and expenses.
Governing Law and Jurisdiction
The Website (excluding linked sites) is controlled by us from our offices within the State of California in the United States of America. By accessing the Website, you agree that the statutes and laws of the State of California without regard to the conflicts of laws principles thereof shall govern all matters relating to your access to, or use of, the Website and any content or services. You also irrevocably agree and hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts in the county of San Francisco, California with respect to such matters. You consent to extraterritorial service of process. We make no representation that any content, products or service available on the Website are appropriate or available for use in other locations, and accessing them from jurisdictions where their contents are illegal is prohibited. Those who choose to access the Website from other locations do so at their own risk and are responsible for compliance with all local laws.
Failure on our part to exercise or enforce any right or remedy under these Terms of Service does not constitute a waiver of such right or remedy.
If any provision of these Terms of Service is found to be unenforceable by any court having competent jurisdiction, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and if it cannot be so construed then severed from these Terms of Service, and the remaining provisions of these Terms of Service will remain in full force and effect. You may not assign, sub-license or otherwise transfer any of your rights under these Terms of Service. You agree that there are no third party beneficiaries to these Terms of Service.
You agree that regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of or related to use of the Website or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.
You agree that we may assign any of our rights or delegate any of our duties or obligations under this Agreement without your consent to any third party.
These Terms of Service contain the entire agreement of the parties with respect to the Website and supersede all prior agreements or previous discussions (written or oral) between you and us.
You can contact ExecShape by e-mailing us at simon.mahler@ExecShape.com
or by writing to us at the following address:
Hangar 7 Hamilton Landing, Suite 200
Novato, CA 94949
© Copyright 2015 ExecShape. All Rights Reserved.