Terms of Use

IMPORTANT — READ THIS CAREFULLY BEFORE CONTINUING
By accessing and using this website, you indicate your acceptance of the following Terms of Use.

EXECUTIVE HR CONSULTING GROUP INC.

TERMS OF USE

Please read the following Terms of Use (these “Terms”) carefully before using the Executive HR Consulting Group, Inc. (“ECG”) website, located at wwwExecutiveHRConsulting.com, as well as any online features, services and/or programs offered by or through ECG (collectively, the “Website”). By accessing or using the Website, you, as a client or potential client of ECG, agree to be bound by the following Terms. You should review these Terms regularly as they may change at any time in the sole discretion of ECG. If you do not agree to any portion of these Terms, you should not access or otherwise use the Website. “Content” refers to any materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on the Website.

1. CONVENIENCE AND INFORMATION ONLY. The Website is provided to you without charge as a convenience and for your information only. By merely providing access to the Website, ECG does not warrant or represent that: (a) the Content is accurate or complete; (b) the Content is up-to-date or current; (c) ECG has any obligation to update any Content; (d) the Content is free from technical inaccuracies or typographical errors; (e) the Content is free from changes caused by a third party; (f) your access to the Website will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information provided in response to questions asked through the Website is accurate or complete.

2. SITE USE AND CONTENT. You may view, copy or print pages from the Website solely for personal, non-commercial purposes. You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from the Website without the express, prior, written consent of ECG. At any time, we may, without further notice, make changes to the Website, to these Terms and/or to the services that we offer. We will make an effort to update this web page with any changes to these Terms and/or to the services that we offer.

3. SERVICE PROVIDERS

(a) ECG may make available to you information about, and Content provided by, one or more third party service providers (each, a “Service Provider” and, collectively, “Service Providers”). You acknowledge that ECG has no obligation to screen, preview, monitor or approve any Service Provider or any Content provided by a Service Provider (“Service Provider Content”). By using our services, you agree that it is solely YOUR RESPONSIBILITY to evaluate the risk associated with the use of any Service Provider and the accuracy, usefulness, completeness or appropriateness of any Service Provider Content. Under no circumstances will ECG be liable in any way for your use of any Service Provider or any Service Provider Content, including, but not limited to, any Service Provider Content that contains any errors, omissions, defamatory statements, or confidential or private information, or for any loss or damage of any kind incurred as a result of the use of any Service Provider or Service Provider Content. You waive the right to bring or assert any claim against ECG relating to any Service Provider or any Service Provider Content, and you specifically release ECG from any and all liability for or relating to any Service Provider or Service Provider Content.

(b) ECG does not endorse and is not responsible or liable for the acts or omissions of any Service Provider, any Service Provider Content, or any data, advertising, products, goods or services available (or unavailable) from, or through, any Service Provider. You agree that, if you choose to use or rely on any Service Provider, Service Provider Content, data, advertisement, products, goods or services, available (or unavailable) from, or through any Service Provider, ECG is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with that use or reliance. Your dealings with any Service Provider, and any other terms, conditions, representations or warranties associated with those dealings, are between you and the Service Provider exclusively and do not involve ECG. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging any Service Provider.

(c) You agree that ECG is not responsible for the accessibility or unavailability of any Service Provider or for your interactions and dealings with them. You waive the right to bring or assert any claim against ECG relating to any interactions or dealings with any Service Provider, and you release ECG from any and all liability for or relating to any interactions or dealings with any Service Providers.

(d) Without limiting the foregoing, your correspondence or business dealings with, consumption of products or services of, or participation in promotions of, Service Providers or any other third parties found on or through the use of the Website, including payment for and delivery or fulfillment of related goods or services, and any other terms, conditions, warranties, or representations associated with those dealings, are solely between you and such Services Provider or other third party. You agree that ECG will not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties or Service Providers on the Website.

4. THIRD PARTY CONTENT.

(a) ECG may provide hyperlinks to other websites maintained by third parties, including, but not limited to, Service Providers, or ECG may provide third party content on the Website by framing or other methods. THE LINKS TO THIRD PARTY WEBSITES (INCLUDING WEBSITES OF SERVICE PROVIDERS) ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE CONTENT ON ANY LINKED WEBSITE IS NOT UNDER ECG’S CONTROL AND ECG IS NOT RESPONSIBLE FOR THE CONTENT OF LINKED WEBSITES, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD-PARTY WEBSITE. IF YOU DECIDE TO ACCESS ANY OF THE THIRD-PARTY WEBSITES LINKED TO THE WEBSITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.

(b) If a third party (including a Service Provider) links to the Website, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with ECG. In most cases, ECG is not even aware that a third party has linked to the Website. A third party website that links to the Website: (i) may link to, but not replicate, ECG’s Content; (ii) may not create a browser, border environment or frame ECG’s Content; (iii) may not imply that ECG is endorsing it or its products or services; (iv) may not misrepresent its relationship with ECG; (v) may not present false or misleading information about ECG’s services; (vi) should not include any content that could be construed as distasteful, offensive or controversial; and (vii) should contain only Content that is appropriate for all age groups.

5. NO WARRANTIES; DISCLAIMER OF LIABILITY. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND ALL CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. ECG MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE, ANY CONTENT OR ANY SERVICES OFFERED THROUGH OR IN CONNECTION WITH THE WEBSITE ARE OR WILL REMAIN UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES AVAILABLE ON, THROUGH OR IN CONNECTION WITH THE WEBSITE OR THE SERVERS USED IN CONNECTION WITH THE WEBSITE ARE OR WILL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. ECG DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT ECG WILL HAVE ADEQUATE CAPACITY FOR THE WEBSITE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.

6. LIMITATION OF LIABILITY. ECG’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE WEBSITE AND/OR ANY CONTENT OR SERVICES PROVIDED ON, THROUGH OR IN CONNECTION WITH THE WEBSITE WILL BE THE TERMINATION OF YOUR RIGHT TO USE OR ACCESS THE WEBSITE. UNLESS YOU ENTER INTO A SEPARATE AGREEMENT WITH ECG, ECG WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE WEBSITE AND/OR ANY SERVICES PROVIDED ON, THROUGH OR IN CONNECTION WITH THE WEBSITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE AND/OR ANY SERVICES PROVIDED ON, THROUGH OR IN CONNECTION WITH THE WEBSITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS THE LIABILITY OF ECG WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

7. INDEMNIFICATION. You agree to defend, indemnify and hold harmless ECG and its directors, officers, employees and agents from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys’ fees) that ECG may incur with respect to or arising out of: (i) your failure to comply with these Terms or any law, rule or regulation, (ii) your negligence, misconduct or breach of your obligations under these Terms, and/or (iii) your use of the rights granted hereunder, including without limitation any claims made by any third parties.

8. PRIVACY. Your privacy is important to us at ECG. To better protect your privacy, we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. When you visit our Website, you can trust that we will not use your information in unethical or intrusive ways. ECG does not use or share the personally identifiable information provided to us online in ways unrelated to the original intent without also providing you with an opportunity to opt-out or otherwise prohibit such unrelated uses. For additional details, see ECG’s Privacy Policy on this site. ECG adheres strictly to the provisions of the Federal CAN-SPAM Act. Children under the age of thirteen (13) are prohibited from submitting any personally identifiable information. If we learn that a user under the age of thirteen (13) is publicly posting or sharing personally identifiable information on or through the Website, then we will block that user from accessing those areas of the Website.

9. COPYRIGHT AND TRADEMARKS. The trademarks, service marks and logos used and displayed on the Website are ECG’s, or its affiliates’ or suppliers’, registered and unregistered trademarks. ECG is the

copyright owner or authorized licensee of all text and all graphics contained on the Website. All trademarks and service marks of ECG, or its affiliates, that may be referred to on the Website are the property of ECG, or one of its affiliates. Other parties’ trademarks and service marks that may be referred to on the Website are the property of their respective owners. Nothing on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of ECG’s, or its affiliates’ or suppliers’, trademarks, service marks or copyrights without ECG’s prior written permission. ECG aggressively enforces its intellectual property rights. Neither the name of ECG, its affiliates, nor any of ECG’s other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Website or otherwise, without ECG’s prior written permission, except that a third party website that desires to link to the Website and that complies with the requirements of Paragraph (b) above may use the name “ECG” in or as part of that link. .

10. AVAILABILITY. Information that ECG publishes on the Website may contain references or cross- references to products, programs or services of ECG, its partners, suppliers or affiliates, that are not necessarily announced or available in your area. Such references do not mean that ECG, or any of its partners, suppliers or affiliates, will announce any of those products, programs or services in your area at any time in the future. You should contact ECG for information regarding the products, programs and services that may be available to you, if any.

11. COPYRIGHT COMPLAINTS. ECG owns, protects and enforces copyright and other rights in its own intellectual property, and respects the intellectual property rights of others. Materials may be made available on the Website by third parties not within the control of ECG. It is our policy not to permit materials known by us to be infringing to remain on the Website. Please notify us promptly if you believe that any materials on the Website infringe the intellectual property rights of anyone else. Once we receive proper notice of claimed infringement under the Digital Millennium Copyright Act (the “DMCA”), ECG will respond promptly to remove the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content at issue. Notice of alleged infringement must be sent by certified mail and marked “Copyright Infringement” to Executive HR Consulting Group, Inc., 613 South Beachwood Drive, Burbank, CA 91506.

12. TERMINATION OF SERVICE. We may terminate your right to access the Website immediately and without notice for any reason whatsoever. Upon such termination, you must immediately cease accessing or using the Website and agree not access or make use of, or attempt to use, the Website. In addition, you acknowledge that ECG reserves the right to take action — technical, legal or otherwise — to block, nullify or deny your ability to access the Website. You understand that we may exercise this right in our sole discretion, and this right will be in addition to and not in substitution for any other rights and remedies available to ECG.

14. FORCE MAJEURE. ECG will not be in default or otherwise liable under these Terms due to its inability to perform its obligations by reason of any fire, earthquake, flood, substantial snowstorm, epidemic, pandemic, viral outbreak, accident, explosion, casualty, strike, lockout, labor controversy, riot, civil disturbance, act of public enemy, terrorism, cyber-terrorism, embargo, war, act of God, natural disaster, or any municipal, county, state or national ordinance or law, or any executive, administrative or judicial order (which order is not the result of any act or omission which would constitute a default by

ECG hereunder), or any failure or delay of any transportation, power, or communications system or any other or similar cause not under ECG’s control.

15. GOVERNING LAW. These Terms will be governed by the laws of the State of California, without giving effect to any principles of conflicts of laws. By using or accessing the Website, you agree that any action at law or in equity arising out of or relating to your use of the Website or these Terms will be filed only in the state courts sitting in Los Angeles, California, or the District Court for the Southern District of California, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.

16. LOCAL LAWS. ECG makes no representation that content or materials on the Website are appropriate or available for use in jurisdictions outside the United States. Nor does ECG represent that its services can be used in all countries and jurisdictions. Access to and use of the Website from jurisdictions where such access and/or purchases is illegal are prohibited. If you choose to access the Website from other jurisdictions, you do so on your own initiative and are solely responsible for compliance with applicable local laws. ECG is not responsible for any violation of law. You may not use or export the Content or materials on the Website in violation of U.S. export laws and regulations. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).

17. ADA  (Americans with Disabilities) ACCOMMODATIONS. Our site is fully compliant with all ADA requirements.  If you have any questions, contact cmariotti@executivehrconsulting.com

18. CLIENT COMMENTS. We welcome the submission of comments, information or feedback through the Website. By submitting information through the Website, you agree that the information submitted will be subject to the ECG Privacy Policy.

Your Consent To These Terms

By accessing and using the Website, you consent to and agree to be bound by the foregoing Terms. If we decide to change these Terms, we will make an effort to post those changes on this web page so that you will always be able to understand the terms and conditions that apply to your use of the Website.

If you have additional questions or comments of any kind, or if you see anything on the Website that you think is inappropriate, please let us know by e-mail at cmariotti@executivehrconsulting.com, or

by sending your comments to:

Executive HR Consulting Group, Inc.

Attn: Client Services – Website Issues
613 South Beachwood Drive, Burbank CA 91506 Phone:818-845-5584
Email: Info@ExecutiveHRConsulting.com

EFFECTIVE AS OF: January 1, 2022 LAST UPDATED: January 1, 2022

Copyright © 2021 Executive HR Consulting Group, Inc. All Rights Reserved.

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