Terms and Conditions
This page states the "Terms and Conditions" under which ExecBrainTrust.com (EBT), a dba of the Ergo Network Corporation,is governed. By using this Web site, you accept these Terms and Conditions and agree to be bound by them. Should a change to these Terms and Conditions occur, those changes would be reflected on this page.
Terminology. The terms "You" as used herein refer to all individuals and/or entities accessing this Web site for any reason. Retired executives and individuals who register on the site for any reason may also be referred to as a ?User? or ?Executive Member?; individuals and other entities that subscribe to the site for the purpose of asking question to Users, and seeking consultants for their companies and organizations are referred to as a ?Corporate Member.?
Overview. EBT is a social network for retired executives to share their business stories, experiences, commentaries and lessons learned. EBT?s goal is to eventually connect Executive Members to Corporate Members? companies and other organizations seeking consulting and other professional services. EBT will assist Corporate Members to identify potential consultants and professional services providers among EBT?s Executive Members. The ability to post content on EBT is limited to registered Executive Members. They can also post comments to other User?s contents. Currently, we are allowing anyone with access to the site to post comments to the Users? contents.
Fees. For Executive Members, there are no fees to register on EBT and submit postings. For non-Members, there are no fees to access the full content of the site. They are also allowed to post comments to Users? contents. Corporate Members, however, will need to pay a subscription fee in order to access premium services, which will be made available during the course of our site development. These premium services may include, but may not be limited to: ability to post questions to the Users, and the ability to obtain a User?s contact information so that they may communicate directly with a User regarding potential consulting engagements. There is no obligation by EBT beyond providing this contact information, and there is no guarantee that a contact will result in a project agreement between the two parties. Executive Members and Corporate Members have an obligation to respond to all inquiries from the other party, and to the specific "Use of EBT Services" terms below. If this results in an Executive Member and a Corporate Member arranging a consulting agreement, EBT will require a percentage commission on the consulting fees charged by the Executive Member.
Contact Information. Executive Members agree that you will not provide or include any of your contact information (postal address, email address, any phone number, Skype number, IM, or any other contact information) on the Web site in a public manner, including your postings. You will provide your contact information only to EBT?s management and staff. EBT will provide your contact information to Corporate Members who may wish to contact you, as part of their subscription service.
Use of EBT Services. For Corporate Members: you agree that your access and use of the EBT solution to hire qualified Members is for your personal, exclusive use, business professional use, or for your use as an agent of your employer. It is agreed that your consulting project is indeed a real outsourcing need and that your intent is to contract an Executive Member (although you are not obligated to do so). You agree not to make initial contact with Executive Members identified through the EBT service outside the means provided by the EBT service to provide that initial contact information.
EBT Process. EBT provides a service for Corporate Members to get the contact information of Executive Members who offer needed skills and services and/or have suitable projects available for contract. EBT is not a party to nor responsible for any of the obligations entered into in a contract between Users. EBT does not warrant or guarantee the performance of Users or the outcome of the use of the EBT system to identify Executive Member or Corporate Member needs. EBT is neither the agent nor the employer of a Member nor the agent of a Corporate Member. EBT has no interest or control over any Member using its services, except as may be separately agreed to by a formal EBT contract. EBT does not guarantee and is not responsible for the accuracy of information provided by Users. EBT is not liable for the actions of, failures to act, or the services sought or provided by Users through EBT.
Content and Comments Posted by Executive Members. Postings, Executive Experiences, comments, opinions and observations made by Executive Members are not endorsed by EBT. EBT does not guarantee reliability, accuracy or quality of any Executive Member content or public comments that is posted on the website. EBT does not assume any responsibility for these contents. You acknowledge that you will evaluate and bear any risks related to your use of any Executive Member content, including any reliance on the accuracy, completeness or usefulness of such content. All content posted to the website is the sole responsibility of the person who originally posted the content, and your sole recourse for any damage you may suffer as a result of content shall be to such individual.
You own all ownership rights to the postings you make on EBT. By submitting content, you are representing that you are the creator of the content you submit or have authorization to distribute it. After posting content, you continue to retain your ownership rights in such content, and you continue to have the right to use your content in any way you choose. By posting your content on the EBT website, you expressly grant EBT a worldwide, royalty-free and non-exclusive license to publicly display, use, reproduce, modify, create derivative works from and distribute the content in any form, solely in connection with the EBT website or other affiliated or related EBT ventures. This license is sub-licensable to EBT affiliates or content syndication partners, via RSS feeds or displays of content on our partners? Websites. This license will continue perpetually unless and until you remove your content from the EBT website. If you choose to remove your content, the license granted here will automatically expire; however, you acknowledge that EBT may retain archived copies of your content.
You agree to indemnify and hold EBT and its officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys? fees, made by any third party due to or arising out of content you submit, post, transmit or otherwise make available through the website, your use of the website or other EBT services.
EBT reserves the right, though not the obligation, in their sole discretion to edit, refuse, monitor, move, or delete any Member content from the website, with or without notice.
EBT does not and will not sell personal or corporate information (i.e., name, title, physical address, or e-mail address) collected through the membership process to third-party vendors for solicitation. However, you do hereby grant EBT the ability to refer to you by your job title, job function, and industry type or corporate name for the purposes of marketing and potential case studies without requiring prior notice of or consent by you for such use. You understand that EBT's Website may contain links to third parties' Web sites ("Third-Party Sites") that are not under the control of EBT. EBT is providing these links to you solely as a convenience and is not responsible for the content or functioning of any Third-Party Site. The inclusion of links to Third-Party Sites does not imply any endorsement by EBT of the operators of such sites or the products or services offered on the Third-Party Sites. You are responsible for understanding and abiding by the terms and conditions of use required by all Third-Party Sites.
Governing Law; Forum. This agreement shall be governed by and construed under the laws of the State of California. Venue and jurisdiction shall be in the State of California.
Site Use Obligations. You agree you will NOT do any of the following while using this site or any of EBT's services:
A. Violate any applicable law, code or regulation;
B. Post or transmit any content that you do not have the right to post or transmit under any law, agreement, contract, or relationship;
C. Post or transmit any information or content that infringes a third party's intellectual property rights or rights of privacy or publicity;
D. Post any information that is libelous, defamatory, vulgar, obscene, hateful, harmful to minors, racially or ethnically objectionable, abusive, tortuous, threatening, pornographic, or overly disparaging, critical or deprecating of or to EBT or other users, or is otherwise objectionable;
E. Conduct any business or activity, or solicit the performance of any activity, that is prohibited by law or is not consistent with this Web site's intended use as determined by EBT in its sole discretion;
F. Resell any of the information or services provided by EBT or otherwise misrepresent that any information or services provided by EBT are provided by you;
G. Restrict or inhibit any other user from using this Web site or any related services, or deleting or tampering with the postings of other users;
H. Post false or misleading information about you, your company, or your services, impersonate or misrepresent yourself, your company, or your services, or create a false identity for the purpose of misleading others;
I. Use the Web site or any EBT service or information in connection with surveys, contests, pyramid or multi-level marketing schemes, distributorships, club memberships, chain letters, spamming, or unsolicited messages;
J. Upload files that contain software or other materials in violation of the intellectual property or privacy rights of others, that contains viruses worms, corrupted files, or any other program that may damage another user's property or the operation of EBT or their computers;
K. Take any action, which would impose or create an unreasonable or disproportionately large load on this Web site's infrastructure;
L. Use your password access for any unauthorized purpose or access, tamper with or use non-public or non-authorized areas of the Web-site; or
M. Solicit, harvest or otherwise collect information about other Users, including their names, e-mail addresses, etc., without their express consent or for any commercial or business purpose or to transmit unsolicited advertising or communications.