Terms And Conditions

In connection with the Privacy Policy, the following Terms of Use shall apply:

1. INTRODUCTION. Please read this web page carefully, as it contains the terms of use (the “Terms of Use”) governing your access and use of the Executive Solutions website. If you do not acknowledge and agree to the Terms of Use, or you do not meet or comply with their provisions, the access and use of the Executive Solutions website is prohibited.

2. BINDING AGREEMENT. The Terms of Use and Privacy Policy, collectively, form a binding agreement (collectively, this “Agreement”) between you and Executive Solutions, LLC, a limited liability company registered in the United States (“Executive Solutions”) and shall constitute the entire agreement between parties. Your access and use of the Executive Solutions website shall indicate your acknowledgement and agreement to this Agreement.

3. DEFINITIONS. The following definitions shall apply:

a) “Content” means, collectively, any text, images, links, videos, materials, data, and information on the Site.
b) “Design” means, collectively, any layout, graphics, buttons, logo, color combinations, look, feel, and any other design elements on any web page.
c) “Employer” means, collectively, any individual, entity, and authorized third-party that participates in job listings, job orders, job requisitions, seeks candidates for employment or contingent work, posts ads for employment opportunities of any kind, and any other activity related to the purpose of direct-hire talent acquisition.
d) “Job Listing” means, collectively, any advertisement or promotion for employment or contingent work, recruitment, and talent acquisition, including any job listing, job order, job requisition, job ad, job post, membership, company description, and any other Employer-related Content.
e) “Paid Site Services” means, collectively, any online product, membership, subscription, plan, package, unit, service, feature, and option where payment is required; and any other related billable services provided by the Site, Executive Solutions, and its agents.
f) “Programming” means, collectively, any client-side code, including any HTML, JavaScript, and JQuery; and any server-side code, including any server pages, scripts, databases, and source code written in any programming language, such as C#, PHP, and Ruby.
g) "Site Services" means, collectively, any Design, Programming, Content, and intellectual property related to the fulfillment and delivery of the Site; and any other related services and Paid Site Services provided by the Site, Executive Solutions, and its agents.
h) “Site” means, collectively, the executivesolutions.io website in its entirety and any related subdomains owned, operated, and licensed by Executive Solutions, including any Design, Programming, Content, services, features, functionality, supporting technologies, copyright, trademark, patent, and any other Executive Solutions intellectual property of any kind.
i) “Use” means, collectively, any access or usage of the Site including visiting, viewing, browsing, searching, and reading any web page, whether registered or unregistered, logged in or logged out, and any other activity on the Site by any individual, entity, and agent.
j) “User” means, collectively, any visitor, guest, individual, entity, agent, including recruiters and candidates, that may access or use the Site, whether registered or unregistered, logged in or logged out.
k) “You” or “Your” means, collectively, any User, Employer, and any other individual, entity, and agent.

4. ACCEPTABLE USE OF THE SITE. The following acceptable use of the Site shall apply:

4.1. General Use. The general, acceptable use of the Site is for (i) Users to seek full-time, part-time, temporary, or contract job opportunities, further education and learning, career enhancement, professional networking, and to make meaningful connections to enhance professional well-being, including both recruiters and candidates, (ii) Employers to seek candidates for employment or contingent work, and (iii) submission of any contact form, application form, and chat. You may use the Site solely for the intended general, acceptable use of the Site.

4.2. Use of the Site by Users. Executive Solutions hereby grants Users a limited, non-exclusive, non-transferable, impermanent, revocable license to use the Site solely for its general, acceptable use. You are solely responsible for any Content you may submit to the Site and any consequences arising from such actions. Executive Solutions reserves the unrestricted right to suspend or terminate your use of the Site for any reason, at any time, and at its sole discretion, if Executive Solutions determines that you may be in breach of this Agreement.

4.3. Use of the Site by Employers. Executive Solutions hereby grants Employers a limited, non-exclusive, non-transferable, impermanent, revocable license to use the Site solely for its general, acceptable use. You may not sell, transfer, or assign your license to use the Site, or any Paid Site Services provided by Executive Solutions to any third-party without the express written authorization of Executive Solutions. You are solely responsible for any Job Listing, and Content you may submit to the Site and any consequences arising from such actions. Executive Solutions reserves the unrestricted right to suspend or terminate your use of the Site for any reason, at any time, and at its sole discretion, if Executive Solutions determines that you may be in breach of this Agreement.

4.4. Minors Prohibited. Minors and children are prohibited from any use of the Site. If you reside in the United States, you must be at least eighteen (18) years of age, and if you reside in any other country, you must be legal adult age as required by the laws of your jurisdiction to use the Site.

4.5. Other Use Rules. You shall not use, plan, encourage, influence, or help others to use, the Site for any purpose or in any manner that is prohibited by this Agreement or by any applicable laws. You are solely responsible to ensure that your use of the Site complies with this Agreement and any applicable laws.

5. CONTENT GUIDELINES. The following guidelines shall apply to any Content submitted to the Site:

5.1. Content Purpose. Executive Solutions takes special interest in its Content for the purpose of helping you to enhance your career, education, organizational, or professional well-being. Therefore, it is of great importance that any Content be a valuable and meaningful enhancement to the Site.

5.2. Submitted Content. Executive Solutions may accept User-submitted Content, and Employer-submitted Content, including without limitation, cv/resumes, job descriptions, videos, images, biographies, news releases, comments, feedback, suggestions, messages, reviews, materials, and any other Content. By submitting any Content, you hereby grant to Executive Solutions a worldwide, fully paid, royalty-free, irrevocable, transferable, fully sublicensable, perpetual, unrestricted, and unlimited license, without obligation, without additional consideration to you or any third-party, to use, reproduce, exploit, alter, edit, modify, distribute, publish, publicly perform, publicly display, and prepare derivative works, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes). Executive Solutions shall be under no obligation to (i) maintain confidentiality of, (ii) pay compensation for, or (iii) respond to any submitted Content.

5.3. Third-Party Content Providers. Executive Solutions may accept Content from any contributors, bloggers, distribution partners, news entities, advertising networks, and any other related partners (collectively, “Third-Party Content Providers”). Any Third-Party Content Provider shall only provide genuine, valid, and relevant Content that meets the general, acceptable use of the Site.

5.4. Content Distribution. In the interest of providing additional value, traffic, and audience reach, Executive Solutions may distribute any Content to a distribution partner, social network, email marketing provider, job aggregator, job board, or any other third-party partner (collectively, “Distributor”). Executive Solutions provides no guarantee that any Content may be accepted or included by any such Distributor and shall not be liable for any Content that may be rejected or not published. Executive Solutions disclaims all liability and shall not be responsible for any Distributor and their actions, errors, or omissions related to any Content, including without limitation, their availability, operations, features, functionality, and performance or nonperformance.

5.5. Spam Content. Any Content or link to Content that may be low quality, fake, false, inaccurate, fraudulent, deceptive, misleading, libelous, defamatory, immoral, hateful, offensive, obscene, sexually explicit, discriminatory, disruptive, threatening, harassing, abusive, or that may violate any state, federal, or international laws, shall be considered spam (“Spam”) and shall be prohibited and removed from the Site at the sole discretion of Executive Solutions, including without limitation, any:

a) Unclear, unreadable, unrecognizable, or anonymous Content, including hidden text and hidden links.
b) Link to third-party websites other than those that are owned or licensed by you.
c) Automatic popup, popunder, download, or Content that blinks, flashes, or rapidly animates whether on click or mouse-over.
d) Third-party tag, JavaScript, iframe, or any other third-party tracking tag.
e) Use of the Executive Solutions name or logo.
f) Indication of being a winner or possibility of being a winner.
g) Offer or requirement to participate in any survey, focus group, or market research study.
h) Pyramid scheme, club membership, distributorship, or multi-level marketing opportunity.
i) Endorsement or promotion of a political party, political agenda, political position, religion, or that raises awareness of any social issue.
j) Solicitation to take action on any promotion other than what meets the acceptable use of the Site.
k) Solicitation of anyone that is a minor or under eighteen (18) years of age.
l) Content or act that may violate intellectual property, including copyright, trademark, patent, or any other intellectual property right.
m) Content or act that may violate any restrictive covenant agreement, including without limitation, confidentiality, non-compete, non-disclosure, non-solicitation, or any other agreement or trade secret right.
n) Content or act that may violate any law or right related to labor and employment, equal opportunity and employment eligibility requirements, data access and use, or privacy.

5.6. Right of Removal. Executive Solutions reserves the right of removal and may remove, without notice, liability, penalty, or limitation, any Content at its sole discretion that may (i) be considered Spam, or (ii) violate or lead to violate this Agreement, or (iii) violate or lead to violate any applicable laws, rules, regulations, or third-party terms of any kind, (iv) violate or lead to violate the rights of, harm, or threaten the safety or privacy of any individual, entity, or agent, or (v) adversely affect Executive Solutions or any other individual, entity, or agent in any way.

5.7. Content Disclaimer. Any Content and its interpretation shall not reflect the views of Executive Solutions, or any of its shareholders, members, officers, directors, employees, affiliates, or agents.

6. PAID SITE SERVICES. The following shall apply to Paid Site Services:

6.1. Availability and Accuracy. The inclusion of any Paid Site Services does not imply or warrant that these Paid Site Services will be available at the time of use or purchase. Executive Solutions has made every reasonable effort to represent and render as accurately as possible any Paid Site Services descriptions, pricing, features, and images that appear on the Site. However, display settings and language translations may vary by device, and Executive Solutions cannot guarantee any Paid Site Services will be accurately displayed on your device.

6.2. Right of Revision. Executive Solutions reserves the right of revision, without notice, liability, penalty, or limitation, to (i) change any description, pricing, feature, and image of any Paid Site Services, (ii) limit the quantity, availability, and sale of any Paid Site Services, and (iii) modify or discontinue any Paid Site Services at any time.

7. ORDERS AND PAYMENT FOR PAID SITE SERVICES. Executive Solutions takes special interest in your success and offers convenient ways to place orders and make payment for its Paid Site Services. The following shall apply for orders and payment for its Paid Site Services:

7.1. Order Placement. Orders may be placed by submitting a written or electronic request by job order, job requisition, insertion order, purchase order, email, contact form, chat, and online checkout.

7.2. Methods of Payment. Payment may be made by credit card, debit card, purchasing card, e-check, ACH, PayPal, and any other pre-approved electronic payment method. Any payment transactions are deemed to be authorized by their respective card holder or account holder, and activation of such Paid Site Services shall be granted upon the successful capture and authorization or the settled transaction of any payment method.

7.3. Payment Terms. Orders that are submitted by you are deemed to be a binding agreement for payment in full for such Paid Site Services. Invoices, as applicable, shall be delivered by email on the order date, and are subject to net thirty (30) day payment terms. Executive Solutions reserves the right to confirm the validation of such orders prior to account activation and reserves the right to deny the extension of credit to any individual, entity, or agent at its sole discretion, for any reason, and may instead require pre-payment.

7.4. Payment Collection. Invoices must be paid in full and in a timely manner. A seven (7) day grace period shall be offered past the due date to allow for any unforeseen delays. In the event payment in full is not received by the end of the seventh (7th) day, any unpaid balance on such invoice shall be considered late, and a late fee will be assessed at one and one-half percent (1.5%) per month on any unpaid balance until payment is made in full. Notwithstanding, if you refuse to pay for any reason, Executive Solutions shall be entitled to the cost of payment collection, including any reasonable attorney fees.

7.5. Order Cancellation. You may cancel any order placed in advance by submitting your request in writing within seven (7) days from the initial date of order placement. Order cancellation requests must be made prior to the start date of any agreed upon billing period; otherwise, you shall be subject to payment in full for such ordered Paid Site Services.

7.6. Refund Policy. There are no refunds or credits granted, whether in whole or in part, for any Paid Site Services including partial billing cycles for any recurring membership or subscription plan, if applicable. If you are removed from the Site, but have previously paid for Paid Site Services, you are not entitled to a refund of previously paid amounts.

8. CONDUCT POLICY. You are solely responsible for your conduct and shall:

a) Be prohibited from sending unsolicited communication to any individual, entity, or agent.
b) Be prohibited from misleading Executive Solutions of your intentions, business practices, or placing orders for any Paid Site Services that do not represent your business accurately.
c) Be responsible for maintaining the confidentiality of your personal information, password, and account information.
d) Be responsible for reporting any inappropriate conduct or Content to Executive Solutions.

9. SECURITY POLICY. You are prohibited from violating the Site security in any way and shall not:

a) Access unauthorized data of any kind.
b) Log in to any unauthorized server or account.
c) Probe, scan, or test the vulnerability of any system or any network or breach security or authentication measures without proper authorization.
d) Interfere with any service, host, or network by acts of any kind, including overloading, flooding, crashing, scraping, DDoS attack, virus, or code injection.
e) Send any unsolicited email, whether direct or indirect, or any unsolicited communication of any kind.
f) Forge any TCP/IP packet header or any part of the header data in any email, or phishing acts of any kind.
Any violation of the security policy or any breach of Site security may result in civil or criminal liability, and Executive Solutions may involve and cooperate with any law enforcement authorities as may be proper in prosecuting any individual, entity, or agent who may be involved in any such violation or breach.

10. PRIVACY POLICY. Executive Solutions respects your right to privacy and is committed to protecting your privacy by securely handling any data that may identify you. Your access and use of the Site shall indicate your consent for Executive Solutions to collect, process, use, share, and retain your personal data. If you reside in or are relevant to the European Economic Area (“EEA”), the Privacy Policy is in compliance with the General Data Protection Policy (“GDPR”) and can be found on a dedicated web page at: https://executivesolutions.io/privacy-policy

11. LIMITATIONS OF LIABILITY AND ADDITIONAL DISCLAIMERS. The following limitation of liability and additional disclaimers shall apply:

11.1. Limitation of Liability.

a) You assume all responsibility, liability, and risk for your use of the Site, and for your conduct on and off the Site.
b) In no event shall Executive Solutions, or any of its shareholders, members, officers, directors, employees, affiliates, or agents, be liable for any direct or indirect damages or claims for damages, including without limitation, incidental and consequential damages, lost profits, and any damages resulting from lost data, lost opportunity, or business interruption resulting from, arising under, or in connection with your use, or your inability to use the Site, whether based on warranty, contract, tort, or any other legal theory, and whether or not Executive Solutions is advised of the possibility of such damages.
c) Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the limitations in the foregoing may not apply. If any limitations are held inapplicable or unenforceable for any reason, then the maximum liability for any direct or indirect damage claims shall not exceed the amount paid for the Paid Site Services that is the subject of any complaint, and shall not include any amounts paid for previous services for which no complaint had arisen.
d) Executive Solutions shall be entitled to equitable relief and damages upon any breach of this Agreement by you, including any reasonable attorney fees.

11.2. Responsibility for Actions. You and any individual, entity, or agent acting on your behalf are solely responsible and liable for any of your actions on the Site, including any submitted Content, communication, and conduct; and Executive Solutions accepts no responsibility or liability for any such actions or for screening or monitoring any such actions.

11.3. No Endorsements. Nothing on the Site shall be considered an endorsement, representation, or warranty by Executive Solutions with respect to any User, Employer, or any other individual, entity, or agent, including without limitation, any of their Content, services, policies, procedures, practices, performance or nonperformance. Further, the Site may contain links to third-party websites and are provided solely as a convenience and shall not be considered an endorsement by Executive Solutions. If you decide to access or use any linked third-party websites, you do so at your own risk.

11.4. No Guarantee of Results. Executive Solutions takes special interest in your success and makes every reasonable effort to ensure your satisfaction. However, Executive Solutions makes no representations or guarantees of any kind, expressed or implied, regarding the results, effectiveness, completeness, accuracy, availability, reliability, timeliness, security, reliability, performance or nonperformance of the Site in meeting any of your objectives, whether personal, professional, or organizational.

11.5. No Warranty. Executive Solutions makes no warranties of any kind, expressed or implied, and makes no warranties about the results, effectiveness, completeness, accuracy, availability, reliability, timeliness, security, reliability, performance or nonperformance of the Site or any Content submitted by any User, Employer, or any other individual, entity, or agent. To the fullest extent permitted by law, Executive Solutions disclaims all warranties and conditions, expressed or implied, of merchantability, fitness for a particular purpose, or non-infringement, including without limitation, that the Site may operate free of any errors, omissions, broken links, inaccuracies, bugs, and any other errors of any kind.

12. INDEMNIFICATION. You indemnify and hold harmless Executive Solutions and any of its shareholders, members, officers, directors, employees, affiliates, or agents, from and against any claims, actions, or demands, including without limitation, any costs, damages, and any reasonable attorney fees resulting from, arising under, or in connection with your use of the Site or your breach of this Agreement.

13. INTELLECTUAL PROPERTY RIGHTS. The following intellectual property rights shall apply:

13.1. Sole Intellectual Property. The Site and all related rights, titles, and interests are the sole intellectual property of Executive Solutions and are protected by copyright and other laws of the United States, its treaty countries, and other jurisdictions. Except for the limited licenses expressly granted in this Agreement, Executive Solutions reserves the unrestricted right for itself and all related rights, titles, and interests. You may not reproduce, modify, display, sell, or distribute any part of the Site. This includes without limitation, copying, scraping, and adapting any HTML code used to generate any web page; as well as reverse engineering any Programming, software, or system.

13.2. Protected Trademarks and Copyrights. The Executive Solutions brand name, the Executive Solutions logo, and any related products, services, and design marks are protected trademarks and copyrights of Executive Solutions, with all rights reserved.

13.3. Other Product and Service Marks. Any other product and service marks on the Site are the trademarks of their respective owners.

14. JURISDICTION. This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, United States, without reference to any jurisdiction’s conflict of laws principles; and that any actions brought forth to enforce this Agreement shall be within the jurisdiction and legal venue of the State of Indiana, United States. In the event Executive Solutions may relocate its legal entity to another state as its primary location, the then-current state shall be the new jurisdiction.

15. SEVERABILITY. All provisions of this Agreement shall survive termination except those that may deny use of the Site. You may not assign or transfer your obligations under this Agreement. If any provision of this Agreement is held unenforceable, the remainder of this Agreement shall remain in full force and effect.

16. CONTACT. If you have any questions regarding this Agreement, Privacy Policy, or would like to contact our Legal Officer, please send a message by email to agent@executivesolutions.io or by physical mail to:

Executive Solutions, LLC
550 Congressional Blvd
Ste 350
Carmel, Indiana 46032
United States

17. UPDATES AND AMENDMENTS. This Agreement and the Site may be updated and amended from time to time to comply with any laws or to meet any changing business requirements. Please review the changes carefully, as they shall be binding as of the effective date on the Site, or as otherwise stated in any notice of such changes. Any use of the Site shall be considered your acknowledgement and agreement to the then-effective Terms of Use. Any changes to this Agreement shall be disclosed, and if the changes are significant, you may be informed as may be proper and consistent with the significance of such changes. Further, Executive Solutions reserves the unrestricted right to update and amend this Agreement and the Site, including without limitation, to modify any terms and the Site at any time.

18. EFFECTIVE. Last updated January 1, 2024.

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