Placement Terms of Service

Last changed: April 1, 2024

These Terms of Services apply to your use of placement.com, and any other websites, applications, or services provided, owned or operated by Exec Holdings, Inc. (with its affiliates, “Company”) that link to these Terms of Service and include the website, career services platform, and coaching services (collectively with Exec, the “Services”).

By accessing, downloading and/or using all or any part of the Services, you ("You" and, where applicable, "Your") indicate Your acceptance of the following terms from Exec Holdings, Inc. ("Company"). You agree to be bound by all the terms and conditions of this Agreement. You agree that it is enforceable as if it were a written negotiated agreement signed by You. If You do not agree to the terms of this Agreement, You may not access, download and/or use the Services. If You are entering into this Agreement on behalf of a company or other legal entity, You hereby represent that You have the authority to bind such entity to this Agreement, in which case the term "You" shall be construed to refer to such entity.

Use of the Services

The Services are made available to individuals and entities seeking the Services, directly or indirectly, including but not limited to companies, agencies or other parties. You acknowledge and agree that your license to access the Services are automatically revoked upon your attempt to use the Services for any other purpose.

Website Rules

Access Rules

Use of any automated system or software to extract data fromplacement.com (such as scraping or crawling) is strictly prohibited. Company reserves the right to take such action as it deems necessary, including issuing legal proceedings without further notice.

Company may access and use certain content available on third-party websites to enhance and provide the Services.

You agree to only access or attempt to access the Services through its intended interface. You agree that you will not engage in any activity that interferes with or disrupts the Services, its servers or networks. Unless you have been specifically permitted to do so in a separate, written agreement with Company, you agree that you will not crawl, scrape, reproduce, duplicate, copy, sell, trade or resell the Services for any purpose. You agree that you are solely responsible for any breach of your obligations under these Terms of Service, and for any consequences (including any loss or damage which Company may suffer) of any such breach.

Appropriate Material

You agree that you shall not transmit or upload to or through the Services any harmful code, or use or misappropriate the Services for your own commercial gain. This includes any software that is designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication.

You agree that you will not transmit, send, or upload any material through the Services that is unlawful, false, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable. This may include, but it not limited to, transmission of content that may be harmful to minors, disclosure of confidential information you do not have the consent to disclose, attempt to impersonate another person or entity, or otherwise misrepresent your identity, provide false information, promote or encourage illegal activity, interfere with another user’s enjoyment of the Services, violate the legal rights of others, or create multiple accounts without permission.

To register for an account to use Services, you must complete a user profile, which you consent to be shown to other users and, unless you change your privacy settings, to be shown to the public on any portion of the Company's website. You agree to provide accurate and complete information on your profile – and on all registration and other forms you access while using our services or provide to us – and you agree to keep that information current. You agree that you will comply with all applicable laws, including but not limited to, privacy, intellectual property, anti-spam, export control, tax, and regulatory obligations.

Communication Consent

You agree that Company may communicate with you (directly or through a third-party), through the Services, or by email, phone, or postal mail, and use contact information that you provide to Company, or that Company obtains from third-parties. By providing your email or mobile phone number, you expressly consent to receiving communication via such email or mobile number. To revoke consent at any time, you may contact us hello@placement.com.

Age Requirements

The Services are not for use by anyone under the age of 16. However, if local laws provide for an alternative minimum age for Company to lawfully provide the Services to you, then that shall apply as the applicable minimum age. If you are under the age of 18, or the age of majority in your jurisdiction, you must use the Services under the supervision of your parent, legal guardian, or responsible adult.

Data Sharing

If you use the Services, you agree and consent to Company sharing your information with coaches and other third parties for the purpose of delivering services necessary for Company to provide the Services. You also agree and consent to those third-parties using and sharing that necessary information internally and with others in order to assist Company to provide the Services.

Feedback

You can submit questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding our Services or Company (collectively, “Feedback”). Feedback is non-confidential and will become the sole property of Company. Company will own, and you hereby assign to Company, all right, title, and interest, including all intellectual property rights, in and to such Feedback, and Company will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You agree to execute any documentation required by Company to confirm such assignment to Company.

Payment

If you use the Services, you agree to pay Company under the terms outlined within the applicable Order Form or the checkout page. You also agree that Company will store payment information (including, but not limited to, bank account, credit card, billing address, and/or other information). Any payments made via a credit card that are in excess of $10,000 USD will be subject to a 2.9% processing fee.

Credit Expiration

Unless otherwise specified in an affiliated Order Form, credits purchased through from Company may be redeemed for up to 12 months after the date of original purchase. After 12 months, the credits will expire and will be removed from your account. If you use the Services, you agree that any expired credits are permanently forfeited and are not eligible for a refund.

Refunds

A credit purchase is eligible to be refunded within 60 days of purchase if none of the credits have been used. Orders are not eligible for partial refunds. For credits purchased as a gift, only the original purchaser can initiate a refund and only if the recipient has not claimed the credits.

Confidentiality

During the course of delivering Services, Confidential Information might be disclosed by You or Company. “Confidential Information” means any non-public information that is either marked as confidential or which any reasonable person would understand to be confidential. The party receiving the Confidential Information may only use it for purposes related to these Terms or delivering the Services. The Confidential Information may not be disclosed to a third party, unless that third party is involved in the delivery of the Services or obligated under these Terms. The Confidential Information will remain confidential unless it becomes widely known or made generally available through no fault of the receiving party.

Disclaimer of Warranties

TO THE EXTENT ALLOWED UNDER LAW, "COMPANY" AND ITS AFFILIATES (A) DISCLAIMS ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DOES NOT GUARANTEE THAT THE "SERVICES" WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDES THE "SERVICES" ON AN “AS IS” AND “AS AVAILABLE” BASIS.

Limitation of Liability

TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS "COMPANY" HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THESE TERMS OF SERVICE), "COMPANY" AND ITS AFFILIATES (AND THOSE THAT "COMPANY" WORK WITH TO PROVIDE THE "COMPANY" SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT).

IN NO EVENT SHALL THE LIABILITY OF "COMPANY" AND ITS AFFILIATES (AND THOSE THAT "COMPANY" WORK WITH TO PROVIDE THE "SERVICES") EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE GREATER THAN THE FEES YOU HAVE INCURRED IN USING THE "SERVICES".

THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND "COMPANY" AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF EXEC.COM OR ITS AFFILIATES HAVE BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.

Intellectual Property

Company reserves all of its intellectual property in the Services. Using the Services does not give you any license or ownership in the Services. Exec.com and related logos are the trademarks of Company.

If you believe in good faith that your copyright has been violated, you may send us a notice of infringement pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512) at the following address:

440 N. Barranca #1890 Covina, CA 91723

Governing Law and Dispute Resolution

You agree that the laws of the State of California, excluding its conflict of laws rules, shall exclusively govern any dispute to these Terms of Service or the Services. You agree that all claims and disputes can be litigated only in the federal or state courts in San Francisco County, California, and that you agree to personal jurisdiction in those courts.

Termination

Unless otherwise stipulated in an applicable Order Form, Company reserves the right at all times to terminate users and provision of the Services for any reason, without notice. On termination, you will lose the right to access or use the Services. These Terms of Service will survive termination.

Miscellaneous

If a court with authority over the Services or these Terms of Service find any part of the Terms of Service or Privacy Policy unenforceable, you agree that the court should modify the terms to make it enforceable while still achieving its intent. If a court finds modification not possible, you agree to ask the court to remove the unenforceable part, and that the rest of the terms are enforceable.

These Terms of Service are not assignable or transferable without the prior written consent by Exec.com. If we do not enforce a breach of these Terms of Service, you agree that Company has not waived its rights.

Changes and Updates to These Terms of Service

Company reserves the right to change, modify, add or delete portions of these Terms of Service at any time. Your use of the Services constitutes your binding acceptance of such changes.