1. Status of Subscriber Agreement
This legally binding subscriber agreement (the “Agreement”) sets out the terms under which you may use any content which you download or stream from this website.
We recommend that you store a copy of this Agreement for your records.
You will have been asked to confirm your agreement to the terms of this Agreement either before you access any of the Content for the first time as a subscriber or in a subsequent confirmation e-mail, and upon any renewal of your subscription. In addition, each time you access any of the Content you are confirming your agreement to its terms, and you should check section 8 below to see whether it has been updated since you last visited the website.
Each podcast, webinar, eBook, eDocument, and other item of content on this website (the “Content”) is published by the New York Institute of Finance Inc. trading as Execsense (“ExecSense”) and references in this Agreement to “we”, “us” or “our” refer to ExecSense. The intellectual property rights in all Content and the website is owned by New York Institute of Finance Inc. or its licensors, including any Content marked the copyright of ExecSense Inc.
If your subscription has been acquired for your use at a company or other organization you work for or are otherwise engaged by, then you are also agreeing to the terms of this Agreement on behalf of that company or organization and both you and it are responsible for your use of the Content in accordance with this Agreement. A separate subscription is required for each user within an organization.
You are responsible for all use of the Content made by you or anyone else using your ID and for preventing unauthorized use of your ID.
If you do not agree with this Agreement (or are not authorized to do so on behalf of your business or work) you should not access or use any of the Content.
ExecSense will try to process your subscription application promptly but does not guarantee that the Content will be available to you by any specified time after buying the subscription.
2. Proprietary Rights and Permitted Use
ExecSense or its licensors own all intellectual property rights (including copyright and database rights) in the Content. You acknowledge that “ExecSense” is our trade mark and that you may not use it without written permission from ExecSense.
You may on a non-exclusive basis, for your own legitimate business or personal use:
- Retrieve and view Content on any compatible device; and
- Where Content is available for download, you may download and store a single copy on a storage device personal to you such as a USB drive (but not on any shared drive, shared server or other storage device connected to a network).
You may not (and may not permit any third party to):
- Except as expressly permitted above, copy, reproduce, broadcast, transmit, modify, abstract, create derivative works of, store, archive, aggregate, publicly display, redistribute, share, forward, license, sub-license, publish, sell or in any way commercially exploit any of the Content;
- Share your username, password or any other website access details (“ID”) with any individual or other third party;
- Make your ID available to multiple users, including on a network or within an organization; or
- Remove any copyright or trade mark notices from the Content;
- Frame, harvest or scrape the Content or do anything similar; or
- Use the Content for any unlawful purpose.
We reserve the right to monitor your use of any Service. ExecSense may cancel your subscription or suspend your access to the Content if you use the Content in breach of the above provisions.
ALL RIGHTS RESERVED BY EXECSENSE UNDER THIS SUBSCRIBER AGREEMENT ARE WITHOUT PREJUDICE TO OUR OTHER RIGHTS AT LAW (INCLUDING APPLICABLE COPYRIGHT LEGISLATION).
3. Registration, Payment and Termination
In order to subscribe, you must provide us with accurate, complete registration information about yourself. It is your responsibility to update and maintain changes to your registration information by contacting us at firstname.lastname@example.org Each subscription is for a single user only.
If you wish to change your ID, or you believe there has been any breach of security such as the disclosure, theft or unauthorized use of your ID or any payment information, you must notify ExecSense immediately by e-mailing us at email@example.com.
We may offer more than one level or type of subscription at any time and make different Content and services available to you depending on the level of subscription you acquire. This will be made clear to you at the time you acquire your subscription. ExecSense reserves the right to change the Content and services or any level of subscription at any time.
When you subscribe, you must provide ExecSense with complete and accurate payment information and agree to pay at the rates in effect on the date you subscribe. By submitting card payment details to us, you warrant that you are entitled to purchase a subscription using those card details. If we do not receive timely payment or payment authorization or any authorization is subsequently canceled or refused, we may immediately terminate your subscription or suspend your access to the Content.
ExecSense will charge you in US dollars. You may also have to pay any applicable taxes.
4. Renewals and Termination
We may offer different payment terms for your subscription and different lengths of subscription which will be made clear to you when you subscribe. For annual subscriptions, we will notify you of the pending renewal of your subscription at least 30 days prior to the date your subscription renews, except as otherwise required by law. Unless you notify us before the end of your annual subscription period that you no longer wish to receive it, your annual subscription will renew for another year. We will charge the subscription using the same card or other payment method that you previously used. We will tell you in advance of any increase in the price of your subscription and offer you an opportunity to cancel it if you do not wish to pay the new price.
By placing your order you agree that we may start your subscription immediately upon our accepting your order. This means that you are not entitled to a refund if you change your mind after we have provided you with access to your subscription.
Except as set out in the previous section, you do not have any right to cancel your subscription or any part of it until the end of your then current subscription period. Although you may notify us of your intention to cancel at any time, such notice will only take effect at the end of your then current subscription period, and you will not receive a refund (except in the limited circumstances set out in these terms).
You may notify us of your wish to cancel your subscription by contacting our Customer Services team at [firstname.lastname@example.org]. Or alternatively, call (347) 842-2501.
Execsense reserves the right to suspend or terminate your subscription if you breach these terms and conditions, with or without notice and without further obligation to you. We may also suspend or terminate your subscription if we are prevented from providing services to you by circumstances beyond our control. If we terminate your subscription for any reason and/or permanently cease publishing the Content or cease to provide subscription services then, unless there are exceptional circumstances, we will provide you with a pro rata refund to your credit card. This means that we will refund you with any amounts that you have paid us in advance that relate to any remaining and unexpired period of your subscription.
5. Limitations and Exclusions of Liability
This section is important and you should read it carefully. It makes clear to what extent, if any, ExecSense accepts responsibility (liability) to you for your use of the Content.
The Content and this website is provided on an “as is” and “as available” basis. We are not liable to you for matters beyond our reasonable control, for the internet, for acts of God, or acts of third parties.
We are not responsible for any use of Content by you outside the scope of this Agreement.
We do not accept any liability to you for the Content or this website if you have not paid any subscription fee.
We do not make any promises as to the availability, quality, security, completeness or accuracy of the Content or this website, or that it is free from any viruses or anything similar.
We will try to develop the Content and operate this website with reasonable skill and care and will use reasonable efforts to remedy any fault of which we become aware. This is the only promise we make in relation to the Content and this website.
The Content is only for your general information and use and is not intended to address your particular requirements. It does not constitute any form of advice, recommendation, representation or endorsement and should not be relied upon by users in making (or refraining from making) any specific business, investment or other decisions.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS, CONDITIONS AND DUTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE.
WE LIMIT OUR FINANCIAL RESPONSIBILITY TO YOU ARISING FROM YOUR USE OF THE CONTENT OR OTHERWISE IN RELATION TO THIS AGREEMENT TO DIRECT DAMAGES ONLY, SUBJECT TO A LIMIT EQUAL TO THE PRICE YOU PAID FOR YOUR SUBSCRIPTION.
THE LIMITATIONS OF LIABILITY IN THIS SECTION 4 APPLY FOR THE BENEFIT OF EXECSENSE, ITS AFFILIATES AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS.
Nothing in this Agreement shall operate to exclude or restrict our liability for death or personal injury caused by that party’s negligence; for fraud or fraudulent misrepresentation; or for any liability which cannot be limited or excluded by law.
6. Choice of Law and Jurisdiction
If you are resident anywhere in the world other than the United States, this Agreement shall be governed by, and construed in accordance with, English law and to the extent possible in the applicable jurisdiction, you and we irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with this Agreement.
If you are resident in the United States, this Agreement shall be governed by, and construed in accordance with, the laws of the State of New York, United States of America, without regard to any conflict or choice of law principles and you and we irrevocably agree that the appropriate federal or state court in New York shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with this Agreement.
You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions. You agree that we may assign any of our rights or delegate any of our duties or obligations under this Agreement without your consent to any third party in connection with a reorganization, merger, consolidation, sale of assets or other similar transaction.
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 shall 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.
This Agreement constitutes the entire agreement between ExecSense and you as to the Content and supersedes all previous agreements, communications, representations, and arrangements, either written or oral.
Please send any queries (including complaints) about the Service to email@example.com.
9. Changes to Subscriber Agreement
This version of the Subscriber Agreement was published [ 21 ] April 2017 and replaces with immediate effect the Subscriber Agreement previously published.
We may change the terms of the Subscriber Agreement from time to time and will publish the date of the changes in this section. You should regularly check this section to see if this has been updated.