Terms and Conditions

The following Terms and Conditions (the "Agreement"), which are legally binding between you and Club Exec Limited ("Club Exec" or the "Company", or "We") set out the terms and conditions on which you may use the website www.club-exec.com (the "Website") as an executive member or a registered employer. If you do not accept all of the terms and conditions of this Agreement, without limitations or qualifications, and agree to abide by them, do not access the website or any of its pages.

You may not assign or transfer your rights or obligations under this contract and this contract is only for the benefit of you and Club Exec. No third party has any right, claim or interest under this contract as a third party beneficiary.

This Agreement is only available in the English language and is applicable regardless of the delivery device used to access the Website. We strongly recommend that you read the Agreement in its entirety. These terms and conditions were last updated on March 7, 2021 and replace all previous terms and conditions for the Website. Club Exec may update these terms and conditions for legal or regulatory reasons, or to reflect changes in our services or business practices. The date of the latest revision is shown in section 19 below. Please refer back to these terms on a frequent basis to see if any changes have been made.

1. Executive Members

The Website provides a showcase for executives who are, or have recently been, earning a minimum cash compensation of $150,000, €150,000, £120,000 or equivalent in any other currency, and exceptionally, individuals who Club Exec considers are of a caliber and experience to be valid candidates for an executive role compensated at that level ("Executive Members").

Club Exec reserves the right, in its sole discretion, to refuse membership to any person or class of persons for any reason whatsoever. Membership of the Website is deliberately selective and not simply limited to those earning cash compensation of over $150,000. Potential members might be excluded from membership for a variety of other reasons including, for example, too high a proportion of executives from any particular industry, etc.

Your use of the Website is a privilege. Club Exec reserves the right to suspend or terminate that privilege for any reason at any time, at its sole discretion.

2. Role of Club Exec

Club Exec is not an employment agency. It is a membership marketing and networking service. The membership set up fee that Club Exec charges its executive members covers the professional writing of an Executive profile (see Website for examples), the confidential showcasing of those executive members on the Website, the distribution of confidential summary profiles to potential employers to indicate members' potential availability and the facility provided to permit one-to-one confidential networking between an executive member and a potential employer. The fee also covers such updating of profiles as shall be requested from time to time by the executive member as a result of a change in employment circumstance (new job, promotion, etc.) Club Exec will in any event contact members routinely, with a request to review their profile and either to advise us of any change in circumstance or to confirm that the profile is still current. If no response is received, or the information is deemed inaccurate, Club Exec reserves the right to take down the profile from the website.

The membership subscription (a monthly fee which auto renews) provides access to the databases and other information resources made available to members via the website. Subscription payments can be cancelled or paused at any time after initial 30 days. membership. Cancellation/pause requests to be received at a minimum of 10 working days prior to next payment.

3. Offers of Employment

In the event that an executive member obtains a job as a result of a contact initiated via the Website, this is a matter between the executive member and the registered employer. Club Exec does not present executives for specific jobs and does not charge any additional fees either to the employer or to the executive member in relation to a vacancy filled/job offer accepted.

4. Executive Profiles

All executive member Profiles are written by Club Exec and are based upon information provided by an executive member/prospective executive member either in writing or on the telephone, or by other means. You warrant and represent to Club Exec that the information provided by you is accurate, true and correct. The executive member/prospective executive member is asked to agree the content of these profiles before they are uploaded onto the Website. You, as executive member/prospective executive member, agree that you are solely responsible for the content of the information contained within the profiles posted to the Website and any consequences arising from such posting. While every reasonable attempt is made to keep the executive member's identity confidential, you will be the sole judge of what is an acceptable level of confidentiality in the profiles and you hereby hold Club Exec harmless against any and all claims or any consequences that might result from either the content of the profiles, or in the event that your identity might be discovered from the content of the profiles, despite the measures We take to maintain confidentiality. You hereby acknowledge and agree that you grant to Club Exec a worldwide, non-exclusive, royalty-free license to use the agreed Profiles for the purposes of Club Exec providing the Website's services to you.

5. Registered Employers

Registered employers are individuals who have registered on the Website and who have been approved by Club Exec in its sole judgement.

Registered employers are identified as being relevant officers or executives of recognized executive search firms, or other recruiting agencies, corporations, private equity firms or other commercial or professional organizations that might have an interest in employing or recruiting senior executives. ("Employers"). Employers are invited to submit job advertisements to the Website and are invited to post relevant messages and requests to the executive membership community for example, by way of networking, to seek advice or assistance on a search assignment. Such job advertisements and messages must be pre-approved by Club Exec before they can be shown on the website. Advertisements are only acceptable where the cash compensation is $150,000 (or its equivalent) or above. Job advertisements and messages relating to jobs will not be accepted where the compensation for the position is either wholly or largely commission based.

Registered Employers will be provided with the means to communicate one-to-one with executive members by email, and executive members may respond to such email via an anonymous and confidential email facility provided by Club Exec or in open form, as the executive member at their sole discretion might determine. Employers may only communicate with Executive Members about job related topics.

Club Exec reserves the right, in its sole discretion, to refuse access to the Website to any person or class of persons for any reason whatsoever. Employer representatives must provide a corporate email address and other contact details which may be subject to verification by Club Exec. Personal email addresses are not acceptable.

Registered employers can set up a company profile page, and these are currently provided free of charge for an initial 12 month period. After 12 months, an annual fee of $1800 dollars will be payable, and Club Exec will contact the employer of the renewal date, and options for payment.

6. Payment, Auto Renewals, Refunds and Cancellations

Upon application for Executive Membership, funds will be reserved but not taken from your credit card until Club Exec confirms acceptance of your application. If you are not accepted as a member, your funds will be freed up immediately. If you are accepted as a member, then you will be contacted by email and advised of that fact and that your credit card has been charged with the initial membership fee, and that Club Exec has begun work on your profile (see 2. above).

You will be required to agree the profile before it is uploaded onto the Website. If, after three rounds of editing, agreement cannot be reached between you and Club Exec as to the content and format of the profile, then Club Exec will refund your initial membership fee less $150 unless both parties agree that it is worth continuing to reach an agreement. You understand and acknowledge that Club Exec has the final say on what content can be included on the Website.

Subscriptions auto renew on a monthly basis after the first 30 days' membership. Monthly subscriptions can be cancelled or paused at any time, subject to a minimum of 30 days' notice, by email to: support@club-exec.com.

Executive members can request at any time that their profiles be removed from the Website and their membership terminated.

7. Restrictions

Registered employers and/or executive members (the "Parties") are not permitted to use the Website for any unlawful or improper purpose, without limitation. For example, the Parties are not permitted to

Allow or assist any other person to share user names and passwords or otherwise use your account or impersonate you. A password is for one person's use. Password sharing is a breach of Club Exec's terms and conditions and is likely to result in an infringement of copyright;
Provide information that is false, inaccurate, incorrect, incomplete, inexact, outdated or otherwise incorrect or misleading;
Provide information that is subject to confidentiality, non-disclosure, non-competition, trade secret or proprietary rights, limitations or restrictions;
Provide or upload software or information that infringes the copyrights or intellectual property rights of others;
Provide, post or upload or otherwise transmit information or pictures that are sexually explicit, profane, pornographic, immoral, obscene, vulgar, offensive, violent, dangerous, harmful, threatening, abusive, harassing, hateful, discriminatory, racist, defamatory or otherwise unlawful or offensive;
Provide information that is defamatory, libelous or invasive of privacy or publicity rights of others;
Provide information that is actionable or may subject Club Exec to legal action or liability of any kind;
Provide information that violates any applicable local, state, national or international law, regulation, or convention;
Archive or store the Website for access by anyone other than yourself;
Create summaries, abstracts or other derivative works from the Website;
Copy, replicate, reproduce, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Website or any advertisements, profiles or other content posted on the Website in whole or in part in any way;
Compile or distribute material in violation of applicable laws;
Apply for positions for which you do not have the appropriate legal documentation including citizenship and/or work permits;
Impersonate anyone else or otherwise misrepresent your identity or status;
Hack into the Website or any other related computer system, make excessive traffic demands, deliver viruses or otherwise engage in any other behavior that may reasonably be expected to inhibit other users from using and enjoying the Website or any other website or damage or destroy the reputation of Club Exec or any third party;
Post false or out-of-date job advertisement or provide false messages or provide invalid links.

8. Confidential email communication

The Website provides an email facility for executive members to communicate with each other (this particular service will be available in the future) without divulging their identity and for Employers to communicate with executive members (this facility will be available immediately). Club Exec encourages executive members and Employers to network in this way, to help each other and to expand their network from both a business and an employment point of view. There are restrictions on the use of this facility, as follows:

Solicitation to the Club Exec executive membership for the sale of products or services that result in personal gain or are for the financial benefit of the company for which the solicitor works is strictly prohibited.
Solicitation to the Club Exec executive membership expressing religious, political or personal points of view, to raise funds, to complete surveys, to poll or seek member opinions, to solicit confidential information or seek to invade the privacy of members, is strictly prohibited.
It is expressly forbidden for Employers or other executive members to demand that an executive member make their identity known. It is also forbidden for Employers or other executive members to challenge or play guessing games with an executive member i.e. "is that Joe Bloggs?" for example. If the executive member wishes to divulge their identity that is entirely their choice.
It is entirely up to the executive member to determine whether or not they wish to reply to an enquiry from an Employer or other executive members. An Employer or other executive member may send a follow up email as a reminder of an earlier request but should not harass the executive member.

Club Exec reserves the right to monitor and terminate any contact and/or solicitation it considers in its sole discretion to be inappropriate. Please report inappropriate communications to team@club-exec.com. Persons or organizations sending inappropriate messages may have their membership or registration terminated by Club Exec without warning and, where applicable, without reimbursement of fees.

9. Relationship between Employers and Executive Members

Club Exec does not accept liability as an employer, singularly or jointly, of any Executive Member or the employment/independent contractor status of any Executive Member, as such status pertains to such member's relationship with the Employer and is solely determined by an agreement between the Executive Member and the Employer. The Employer agrees and understands that Club Exec is not an employment agency and will not in any way be involved in the terms and conditions of the employment or contracting arrangement with any Executive Member, nor does Club Exec implicitly, or explicitly, recommend any Executive Member to an Employer, nor does Club Exec present candidates for specific jobs. It is the Executive Member who determines which advertised jobs he or she will or will not apply to. Any agreements, transactions or other arrangements made between an Executive Member and any Advertiser, Employer or other Executive Member named on (or linked to from) the Website are at your own responsibility and entered into at your own risk. Any information that you receive via the Website may have stopped being current by the time it reaches you.

10. Advertisements displayed on the Website

Club Exec has no legal responsibility for any advertisements or messages posted by Employers on the Website ("Advertisements"). Advertisers assume all legal responsibility and are solely responsible for the content of the Advertisements displayed on the Website, including ensuring that the Advertisements are not misleading, are accurate and comply with applicable laws and regulations. Club Exec is not responsible for the content of any Advertisements, including any error or inaccuracy in the Advertisements. In particular, Club Exec does not warrant or guarantee at any time that you will receive any approaches from Employers regarding potential positions of employment.

11. Third Party Sites and Services

The Website and Advertisements may contain links to other internet websites or online and mobile services provided by independent third parties, including websites of Advertisers and sponsors ("Third Party Sites"), either directly or through frames. It is your decision whether you purchase or use any third party products or services, or contact any third parties, made available on or via Third Party Sites.

Club Exec's privacy policies do not apply to Third Party Sites and Club Exec shall have no liability or responsibility for any such purchase or use of products or services purchased from Third Party Sites or for your interactions with Third Party Sites. Club Exec is not responsible for, and is not obliged to monitor or exercise any control over, your contact with Advertisers or any Third Party Sites.

12. Data

12. 1. Ownership

The term "Club Exec Property" means all programs, files, systems, documentation, information, content, graphics, page layouts, site designs, user interfaces utilized or provided by Club Exec, work product produced by Club Exec, and derivate works of any of the foregoing, including, without limitation, the website or websites made available to you by Club Exec, any HTML programming performed as part of providing you with Data and any other special programs, functionalities, interfaces, and other work product, ideas, concepts or techniques which Club Exec may develop, use, or rely upon in providing the Data to you.
All Club Exec Property shall be and will remain the property of Club Exec Limited.
As between you and Club Exec, Club Exec shall be the sole and exclusive owner of all patents, copyrights, trademarks, trade secrets, and other intellectual property rights in and to the Club Exec Property and the Data.

12. 2. Limited License

Upon your acceptance as a member and the payment of all amounts due to Club Exec, you are granted a personal, non-transferable, and non-exclusive license to use the Data solely for your marketing, research, and job prospecting purposes, in strict accordance with the terms of your membership. Upon expiration or termination of the membership, you shall discontinue use of the Data and, as requested by Club Exec, either (a) return the Data to Club Exec without retaining any copies thereof or any notes or other information thereon, or (b) provide a certificate, executed by you, in form and substance satisfactory to Club Exec, that the Data has been destroyed in such a manner to render the Data permanently unreadable and unrecoverable.

12.3. Limitations on Use

Unless specifically authorized in advance and in writing by Club Exec, you will not share, sell, transfer or otherwise make the Data available to any third person or entity and you will use your best efforts to prevent the misuse or unauthorized use of the Data by any third person or entity.
You will not name or refer to Club Exec or your use of the Data in any of your advertisements or promotional or marketing materials.

12.4. Your Responsibilities; Use of Email Data; Review and Audit by Club Exec

You agree and warrant that your use of the Data will comply with all applicable federal, state, local, and foreign laws, statutes, rules, and regulations ("Laws"), including Laws regarding telemarketing, email and facsimile marketing, customer solicitation, do-not-call lists, the use of automatic dialing equipment, and all applicable guidelines of the Direct Marketing Association ("DMA") and you shall be responsible for compliance in connection with your use of the Data. If you are not a member of the DMA, you will use your best efforts to comply with the DMA's guidelines. You acknowledge and agree that it is your sole responsibility to determine the applicability of, and ensure your own compliance with, any such Laws.
You agree and warrant that your use of any United States email Data will comply with all applicable Laws including, without limitation, the CAN-SPAM Act, COPPA, the Telephone Consumer Protection Act, and any State Registry laws.
You agree and warrant that your use of any Canadian email Data will comply with all applicable Laws including, without limitation, CASL.
You agree and warrant that your use of any European data will comply with all applicable laws, including, without limitation, GDPR.
Club Exec reserves the right to review your use of the Data to ensure compliance with these terms and conditions, but any failure of Club Exec to review such use will not constitute acceptance of such use or waive any of Club Exec's rights hereunder or limit any of your obligations with respect to the Data.
Club Exec further reserves the right to require additional terms and conditions, or require you to enter into additional agreements, prior to providing you with certain Data.

12.5. Disclaimer of Warranties; Limited Warranty

THE DATA IS PROVIDED ON A STRICTLY "AS IS" BASIS. CLUB EXEC DOES NOT ASSURE OR WARRANT THE CORRECTNESS, COMPREHENSIVENESS, OR COMPLETENESS OF THE DATA AND, EXCEPT AS PROVIDED IN THE NEXT SENTENCE, CLUB EXEC DISCLAIMS ANY AND ALL WARRANTIES OF ANY NATURE, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HAVE 14 DAYS FROM YOUR RECEIPT OF THE DATA TO INSPECT IT AND NOTIFY CLUB EXEC OF ANY PROBLEMS OR MISTAKES IN THE DATA, AND IF YOU SO NOTIFY CLUB EXEC WITHIN THAT 14-DAY PERIOD, CLUB EXEC WILL ENDEAVOR TO CORRECT THE DATA.

12.6. Limitation of Liability

Club Exec will not be liable for any claim, demand, loss, liability, damage, injuries, cost, or expense (including reasonable attorneys' fees and legal costs), whether general, direct, special, incidental, consequential or other damage caused in whole or in part or directly or indirectly by any use of the Data or any alleged or actual failure by Club Exec to comply with the terms of the Agreement, whether or not any such damages were foreseeable or whether Club Exec was advised of the possibility of such damages.

12.7. Your Indemnification of Club Exec

You shall indemnify, defend, and hold harmless Club Exec, its stockholders, directors, officers, employees, independent contractors, and agents against any claim, demand, loss, liability, damage, injury cost, or expense (including attorneys' fees and legal costs) which arises, directly or indirectly, out of your act or omission with respect to the Data or any violation of the Agreement or any violation of Laws.

12.8. Interruption of Service

You acknowledge that, given the technical nature of resources Club Exec requires to provide the Data to you, temporary interruptions may occur in the provision of Data and that any such interruptions shall not result in Club Exec having any liability to you or others and shall not suspend or eliminate your payment obligations to Club Exec or provide you with any refund rights for amounts previously paid to Club Exec.

12.9. No Assignment by You

You may not assign your rights or obligations under the Agreement to any other person or entity without the prior written consent of Club Exec, whether by operation of law or otherwise, and any attempt to do so shall be void.

12.10. Additional Remedy of Termination

In addition to all other legal rights and remedies available to Club Exec for any apparent, threatened, or actual breach or violation of the Agreement by you, Club Exec has the right to terminate the Agreement and demand immediate return or destruction of the Data at any time if Club Exec believes you are not complying in full with the Agreement.

13. No Representation, Guarantee, or Warranty

THE WEBSITE, SITE CONTENT AND ALL ADVERTISEMENTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CLUB EXEC DOES NOT MAKE ANY PROMISES IN RESPECT OF THE WEBSITE, THE SITE CONTENT, THE ACCURACY OF THE HEADLINE, SUMMARY AND ACHIEVEMENT PROFILES, OR THE CONTENT OF ADVERTISEMENTS OR THE SERVICES AND FUNCTIONS AVAILABLE ON OR THROUGH THE WEBSITE, OR OF THE QUALITY, COMPLETENESS OR ACCURACY OF THE INFORMATION PUBLISHED ON OR LINKED TO FROM THE WEBSITE. CLUB EXEC MAKES NO REPRESENTATION, GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, RELATED TO THE WEBSITE, THE INFORMATION MADE AVAILABLE THROUGH THE WEBSITE OR THEIR RESPECTIVE USES. CLUB EXEC DOES NOT PROVIDE ANY WARRANTY OR REPRESENTATION THAT THE WEBSITE IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. THE WEBSITE AND THE INFORMATION MADE AVAILABLE THROUGH THE WEBSITE MAY CONTAIN ERRORS AND/OR VIRUSES AND MAY PRODUCE UNEXPECTED RESULTS. ANY AND ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.

14. Limitation of Liability

YOU EXPRESSLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT CLUB EXEC SHALL NOT BE LIABLE FOR ANY GENERAL, SPECIAL, CONSEQUENTIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, INFORMATION, BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES) WHATSOEVER ARISING OUT OF THIS AGREEMENT OR THE USE OR INABILITY TO USE THE WEBSITE, INCLUDING THE CONDUCT OF ANY THIRD PARTY, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT CLUB EXEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. APPLICABLE LAW MAY NOT ALLOW LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

IF YOU INCUR ANY LOSS OR DAMAGE AS A RESULT OF USING THE WEBSITE OUTSIDE THE SCOPE OF, OR OTHER THAN IN ACCORDANCE WITH, THESE TERMS AND CONDITIONS,

Your exclusive remedy for any claim shall be limited to the subscription fee paid by you for the subscription term during which the event giving rise to the claim occurred. In no event shall liability to you exceed the amount paid by you for your subscription fee. The limitations, exclusions and disclaimers set out above shall apply and be enforceable to the maximum extent allowed by applicable law, even if any remedy fails its essential purpose.

15. Indemnifications

You agree to indemnify, defend, and hold Club Exec harmless against any loss, damage, cost, allegation, liability, expense, claim or demand, including court costs and reasonable fees for attorneys or other professionals, made by any third party resulting from your use of the Website or information made available through the Website.

16. Legal Inquiries and Requests

In response to a valid request by law enforcement or other government officials relating to a criminal investigation or alleged illegal activity, you agree and authorize Club Exec to disclose information about you without a subpoena. Club Exec, at its sole discretion, may assist third parties to protect their rights in the event that illegal or improper information is entered into or made available through the Website or information made available through the Website is used for illegal or improper purposes. Club Exec may disclose information about you as required by law or to comply with legal process, to report suspected illegal activities or to protect the rights, property or interests of Club Exec. Club Exec reserves the right and discretion, without obligation, to enforce this contract by any appropriate legal means available.

17. Jurisdiction

This contract shall be governed by English Law regardless of the choice of law rules of any jurisdiction.

18. General

If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these terms and conditions, which will remain in full force and effect.

Failure by either party to exercise any right or remedy under these terms and conditions does not constitute a waiver of that right or remedy. Headings in these terms and conditions are for convenience only and will have no legal meaning or effect.

All trademarks and registered trademarks are the property of their respective owners. Employers and their representatives who submit content to Club Exec agree to grant Club Exec a royalty-free, perpetual, irrevocable, sub-licensable, non-exclusive right (including any moral rights) and license to use, reproduce, publish, distribute, communicate to public, perform and display the content, for the full term of any rights that may exist in such content.

This is the entire agreement between you and Club Exec. It supersedes all related communications and prevails over any other provisions relating to its subject matter.

19. Date of last update to this Agreement

This Agreement was last updated on March 7, 2021.