Corporate Executive Board Website Terms of Service
(last revised April 8, 2008)
Welcome to this website operated by the Corporate Executive Board (“CEB,” “we,” or “us”). In exchange for access to this website (“Site”) and other websites operated by CEB (collectively, the “CEB Sites”), users (“you”) must agree to enter into a contract, called the Terms of Service, with CEB.
Please read these Terms of Service carefully. This document is a legal contract, and by using the CEB Sites you − on behalf of yourself and your employer, if applicable − agree to its terms. If you do not agree to these Terms of Service, or if you have not been authorized to agree to these Terms of Service on behalf of your employer, you are not authorized to access the CEB Sites, and you must discontinue use of this Site immediately.
CEB reserves the right to change these Terms of Service at any time at its sole discretion. The most current version of the Terms of Service can be accessed on the Site. You should check the Site from time to time to review the then current Terms of Service agreement because it is binding on you. Your continued use of the Site constitutes your acceptance of any changes to the Terms of Service.
You are required to comply with all applicable laws in connection with your access to and use of the CEB Sites, and such further limitations as may be set forth in any notice from CEB. As a condition of your access and use of the CEB Sites, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by the Terms of Service.
You agree and warrant that you will not use the CEB Sites to participate, act, provide, or do anything that is either illegal or inconsistent with these Terms of Service, or that we deem improper, including, but not limited to, piracy, copyright infringement, harassment of other users, insider trading, distribution of unsolicited commercial messages via email, fax, or telephone, or anticompetitive or violent behavior.
Without limiting the foregoing, you agree not to:
You further agree that you will only access the CEB Sites through the interfaces we provide and that you will not violate or attempt to violate the security of the CEB Sites, including, without limitation:
Violations of system or network security may result in civil or criminal liability. In accordance with this Terms of Service agreement, CEB will investigate and work with law enforcement authorities to prosecute users who are involved in such violations.
You agree to use the CEB Sites in accordance with all applicable laws. As a condition of your access to the CEB Sites, you warrant that you will not use the CEB Sites for any purpose that is either unlawful or inconsistent with these Terms of Service. We may restrict, suspend, or terminate your access to the CEB Sites without notice to you if we believe that you have violated any law or these Terms of Service.
Access to many portions of the CEB Sites (“Restricted Areas”) is restricted to members of the Corporate Executive Board (“Members”), to whom we issue usernames and passwords. If you are a Member but have not received a username or password, please contact us by clicking on the “Get a Username and Password” link that appears next to every “Log In” box, or by calling us at 202-777-5000. If you use an account belonging to a corporate Member, you warrant that you are an employee of the Member and that you are authorized by the Member to use the Member’s account.
You are not authorized to access any Restricted Areas unless you have received a password from us. In particular, you may not use another person’s password to access the CEB Sites, but you may access Restricted Areas using a password issued to your employer if your employer is a Member and has authorized you to use its password.
You are responsible for maintaining the confidentiality of your password, and you agree not to share your password with anyone or allow anyone to use your account. You also agree to take full responsibility for any activity that occurs through the use of your account. If you become aware that any other person has accessed your account or has obtained your password, you agree to notify us immediately. Even if you notify us, you will be responsible for any damage caused by the breach of security, both before and after the notification.
The CEB Sites contain business-related content that is neither intended nor appropriate for children. Accordingly, you may only register for or use the CEB Sites if you are over the age of eighteen.
Whenever we ask you to identify yourself, or for other personal information, you agree to provide truthful, accurate, current, and complete information, and to keep this information current and accurate throughout the time you remain a Member. You also represent and warrant that you have obtained all necessary consents, approvals and authorizations to provide the personal information to CEB, and that you are not violating any laws, rules or regulations or the rights of any individual or entity, by providing such personal information. CEB may make information about its Members available to other Members through CEB's services, including but not limited to through the Executive Productivity Network and other networking services. Member authorizes CEB to share his or her name, business or personal email address, job title, organization, organization’s physical address, direct telephone number, photograph, and biographical details with other CEB Members. By agreeing to these Terms of Service you authorize us to make your information available in this way.
You also agree to respect the privacy of other users. If you obtain contact information for any other user through the CEB Sites, you agree to use that contact information only for legitimate business communications and that you will not use information obtained from the CEB Sites to send, cause to be sent, or assist in the transmission of, unsolicited commercial messages (known as “spam”) to any other users through any medium. You also agree not to provide contact information for other users obtained through the CEB Sites to any third party.
A separate document, the CEB Privacy Policy, http://www.executiveboard.com/privacy.html, explains our handling of the personal information we maintain about you. By using the CEB Sites, you indicate that you understand and agree to the information collection, use, and disclosure practices described in our Privacy Policy and any additional notices governing our online services, so you should review them before using the CEB Sites. If you have questions about our privacy practices, please contact us at legaldept@executiveboard.com, using the subject “Privacy Policy.”
Certain portions of the CEB Sites include interactive services, which permit Members to submit content for publication on the CEB Sites or to communicate with each other. If your account is used to submit, post, or add content to the CEB Sites or to contact another user (collectively, “User Submissions”), you agree to accept sole responsibility for those User Submissions, including the information, statements, facts, and material contained in any form or medium (e.g., text, audio, video, and photographic) therein.
When you provide any User Submission to us, you grant us, our affiliates, and our partners, a worldwide, irrevocable, royalty-free, nonexclusive, sub-licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish such User Submission, and subsequent versions thereof. You agree you will not attempt to enforce any so-called “moral rights” in your User Submission against us, our affiliates, and/or our partners. This license will apply to the distribution and the storage of your User Submission in any form, medium, or technology now known or later developed.
The CEB Sites provide a forum for business networking and interaction, and we require all users to behave with professionalism, respect, and in compliance with all applicable laws. By using the site, you agree that none of your User Submissions will:
Because the CEB Sites are available to the public, we cannot guarantee that any User Submissions, even those that you do not intentionally publish, will remain confidential, nor do we guarantee that User Submissions published in a Restricted Area will be available only to Members.
Although you are solely responsible for the content you provide and we do not have a policy of reviewing or monitoring all User Submissions, we reserve the right to monitor User Submissions. If we become aware of User Submissions that violate these Terms of Service or that we believe to be otherwise objectionable, we may reject or delete them, or take other action, without notice to you and in our sole discretion.
If you believe that any User Submissions appear to violate these Terms of Service, or if you believe any other user is engaged in illegal, harassing, or objectionable behavior, please contact us by e-mailing legaldept@executiveboard.com, using the subject line “Online Compliance.”
You understand and agree that User Submissions are neither owned by nor provided by CEB, and that CEB is in no way responsible for such User Submissions or any related conduct or practices.
The entire contents of CEB Sites are subject to copyright protection under the laws of the United States and other countries. You acknowledge that misappropriation, misuse, or redistribution of content on the CEB Sites could cause irreparable harm to CEB or to third parties. Permission is granted to display, copy, distribute, and download the materials on the CEB Sites for internal business use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. You may not, however, copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works of, transmit, sell or offer for resale, or in any way exploit any part of the CEB Sites without our express written permission. You also may not “mirror” any material contained on this Site on any other server without prior written permission from CEB.
If you believe in good faith that your copyrighted work has been reproduced on or linked from the CEB Sites without authorization in a way that constitutes copyright infringement, please provide our designated copyright agent with the following information:
Our copyright agent for notice of claims of infringement on the CEB Sites is:
Joshua Singer, Associate Corporate Counsel, Corporate Executive Board, 1919 North Lynn Street, Arlington,VA 22209
This contact information is only for suspected copyright infringement. Contact information for other matters is provided elsewhere on the CEB Sites.
We will remove any content that infringes upon the copyright of any person under the laws of the United States upon receipt of such a statement (or any statement in conformance with 17 U.S.C. § 512(c)(3)), and will terminate the access privileges of those who repeatedly infringe on the copyright of others. United States law imposes substantial penalties for falsely submitting a notice of copyright infringement.
All rights in the product names, company names, trade names, logos, service marks, product packaging, and trade dress, whether or not appearing in large print or with the trademark symbol (collectively, the “Trademarks”) displayed on the CEB Sites belong exclusively to the Corporate Executive Board or their respective owners and are prohibited from imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of the Trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the CEB Sites confers on you any license or right under the Trademarks or any patent of CEB or any third party.
In order to protect the content included on the CEB Sites, including within certain Restricted Areas, we may place limits on specific users’ access to our content. For example, in order to prevent unauthorized distribution, we may place a limit on the number of files a user can download from the CEB Sites. If you attempt to download more than the preset number of files, we may lock your account, preventing you from downloading any further content. We will notify you if your account is locked, and we will give you the opportunity to request that your account be unlocked by calling us at 571-303-3000 or by another method that we may establish.
In addition, in order to prevent unauthorized distribution, we may place technological restrictions on your use of content downloaded from the CEB Sites, including technology known as “digital rights management.” This technology may prevent you from transferring content between computers or redistributing it, and you agree that any technological restrictions we impose will govern your use of that content. However, your use of content distributed on the CEB Sites is subject to the restrictions on redistribution or reuse described above even if we choose not to impose technological restrictions to prevent your violation of these Terms of Service.
If you wish to make a use of our content that is not permitted by these Terms of Service or by any technological restrictions we impose, you may contact us to describe your proposed use and ask for permission to use the content in the proposed manner, but you may not attempt to reverse-engineer or avoid any technological restrictions that we impose. If we grant permission to use our content in a manner that is inconsistent with these Terms of Service or with any technological restriction we impose, we must do so in writing.
Any information supplied by any employee or agent of CEB, whether by telephone, e-mail, letter, facsimile, or other form of communication, is intended solely as general guidance on the use of the CEB Sites or other CEB services, and does not constitute legal, tax, medical, accounting, or other professional advice. In addition, the content provided on the CEB Sites, including User Submissions, is intended as general educational information, not specific professional advice. Individual situations and state laws vary, and users are encouraged to obtain appropriate advice from qualified professionals in the applicable jurisdictions.
We may, as a convenience to users, provide links to third-party content and other web sites on the CEB Sites. We do not endorse, sponsor, or accept any responsibility for such material. We are not responsible for the content or privacy practices of any linked sites.
Our products and services, including the CEB Sites, any User Submissions, and links from the CEB Sites to any third-party sites, are provided AS IS, and we make NO REPRESENTATION OR WARRANTY OF ANY KIND with respect to them.
WE DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL (a) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (b) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (c) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE CEB SITES, (d) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA MADE AVAILABLE ON THE CEB SITES OR OTHERWISE BY CEB, AND (e) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY CEB OR ANY THIRD PARTY. FURTHER, THERE IS NO WARRANTY THAT THE CEB SITES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.
WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, (a) THAT THE INFORMATION PROVIDED THROUGH THE CEB SITES WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; (b) THAT THE CEB SITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (c) THAT DEFECTS OR ERRORS IN THE CEB SITES WILL BE CORRECTED; OR (d) THAT THE CONTENT ON THE CEB SITES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THE CEB SITES IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF THIS AGREEMENT OR FOR ANY OTHER CAUSE OF ACTION ARISING UNDER THIS AGREEMENT IS YOUR RIGHT TO TERMINATE THIS AGREEMENT IMMEDIATELY UPON NOTICE TO CEB. YOU AGREE THAT WE WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING LOST PROFITS OR COSTS OR ATTORNEY’S FEES, ARISING OUT OF OR RELATING TO YOUR USE OF THE CEB SITES OR YOUR RELATIONSHIP WITH CEB UNDER ANY LEGAL THEORY, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, BREACH OF WARRANTY, DEFAMATION, NEGLIGENCE, OR STRICT LIABILITY. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, our liability in such jurisdictions shall be limited to the extent permitted by law, but the provisions of this section shall in any case be interpreted to limit our liability to the greatest extent permitted by law.
IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANOTHER USER RELATED TO, ARISING FROM, OR IN ANY WAY CONNECTED WITH YOUR USE OF THE CEB SITES, YOU RELEASE CEB FROM ANY CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE, AND AGREE TO HOLD CEB HARMLESS IN CONNECTION WITH ANY SUCH DISPUTE.
YOU AGREE TO INDEMNIFY CEB AND OUR OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS, AFFILIATES, PARTNERS, AND LICENSORS (THE “CEB PARTIES”) AGAINST, AND HOLD THE CEB PARTIES HARMLESS FROM CLAIMS, LIABILITY, LOSSES, COSTS, AND EXPENSES (INCLUDING ATTORNEY’S FEES) INCURRED AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE CEB SITES.
CEB reserves the right, in its sole discretion, to terminate, suspend, or limit your access to the CEB Sites, or any portion thereof, at any time without notice to you. If we do so, the provisions of these Terms of Service will survive such termination, except that you will not be permitted to use the CEB Sites to the extent that we terminate, suspend, or limit your access. You may also discontinue your own access to the CEB Sites by contacting us in writing to request that your account be terminated. If you do so, you will not be eligible to receive a refund of any subscription or other fees that you have paid us, and any fees that are due on the date you request termination will remain due.
You agree that any dispute between you and CEB will be governed by the law of the Commonwealth of Virginia, and that any legal action brought by one party against the other will be brought in the courts of Commonwealth of Virginia.
Unless otherwise specified herein, these Terms of Service constitute the entire agreement between you and CEB and govern your use of the CEB Sites, superseding any prior or contemporaneous communications and proposals in any form between you and CEB. If any part of this Terms of Service agreement is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms of Service shall remain in effect.
You agree that our failure to enforce any provisions of these Terms of Service or respond to a breach by you or other parties does not in any way waive our right to enforce subsequently any terms or conditions of the Terms of Service or to act with respect to similar breaches.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and CEB as a result of these Terms of Service or your access to and use of the CEB Sites. You further agree that a printed version of this Terms of Service agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Please contact legaldept@executiveboard.com, using the subject line “Terms of Service Question” if you have any questions or comments about this Terms of Service agreement.
Copyright © 2008. The Corporate Executive Board Company. All rights reserved.
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