Executive Assistants Organization, LLC and Behind Every Leader (“EAO”) will provide access to certain EAO products, services and/or programs (collectively, hereinafter referred to as “Services”) subject to Client’s acceptance of and compliance with these Terms of Service (hereinafter referred to as “Terms and Conditions”), and payment of said Services through a signed and/or authenticated Registration or signed Vendor, Trade, Advertising, Training or Sponsorship Agreement (hereinafter referred to as “Agreement”).
Description of Service
EAO may provide Client with one or more of the following Services or programs depending on the Services outlined in the Client’s Agreement: event attendance at regional or national conferences, annual membership in site resources and organization, continuing education, online portal usage and access, online webinars and training, sponsorship of a live or virtual event, advertising online, at events, or on printed materials, access to attend or create content for purposes of education, and newsletter distribution. EAO may modify, suspend, or discontinue services at any time due to unforeseen circumstances, or client termination for cause. Client expressly agrees that Client, or any related third party, shall not hold EAO or its suppliers liable for any losses, damages or consequences whatsoever from such modification, suspension or discontinuation of the Services.
For purposes of the Agreement, all portal, dashboard, or ticketing web pages that are owned, operated or hosted by, or on behalf of, or for EAO, are referred to herein as the “EAO Sites.” During the Term, Client is authorized to access and use the EAO Services and EAO Sites and the content therein and data obtained solely for internal use to manage Client’s EAO account(s) for which such content or data directly relates and will not disseminate any of this information to third parties. Client shall not disclose or make available passwords or access codes related to Client’s EAO Services or accounts. Client agrees that Client will not use any automated means, including agents, robots, scripts, or spiders, to access or manage Client’s account with EAO or to monitor or copy the EAO Sites or the content contained therein except those automated means expressly made available by EAO, if any, or authorized in advance and in writing by EAO. To access the EAO Services or EAO Sites, Client may be asked to provide certain registration details or other information. It is a condition of Client’s use of the Services or access to the EAO Sites that all the information Client provide on this site will be correct, current, and complete. If EAO believes the information Client provide is not correct, current, or complete, EAO has the right to refuse Client access to any EAO Sites or Services or any of its resources, and to terminate or suspend Client’s account at any time.
Client agrees to pay EAO the appropriate fee, for any Service Client enrolls in, pursuant to the terms of the Agreement, including, without limitation, all applicable taxes, if any, in accordance with the economic terms defined in the Agreement. Client expressly understands, acknowledges and hereby authorizes EAO to automatically charge Client’s credit card or debit account at one time for annual fees, once a month for monthly fees, or to pay all invoices within fourteen (14) days of the due date on invoice via ACH or Wire.
If EAO is unable to process service fees to Client’s credit card, successfully complete a bank draft, or receive transfer of said fees in acceptable alternative manner, EAO may in its discretion charge a late fee. EAO also reserves the right to pursue debt collection services and customer shall be liable for all collection costs, including without limitation, attorneys’ fees. EAO reserves the right to charge a service fee per account up to but not limited to $250 for non-payment or charge backs, and up to and $100 per incident for insufficient funds.
Transferability & Cancellation
If for any reason, Client wishes to transfer Services to another individual, including event ticketing, the following rules will apply:
Membership is transferable at any time, as long as a new payment authentication form is signed and submitted, in writing to EAO. Membership can be cancelled at any time. There are no refunds whatsoever on membership fees, event registration, or any Services.
Event attendance is transferable up to one week prior to actual event.
Depending on the prevailing laws, on a state by state basis, membership Agreements will automatically renew for subsequent equal time commitments to the previously defined Agreement authorized by Client; if Client has not mailed a written request to cancel thirty (30) prior to scheduled expiration of Agreement, or based on the written definition of cancellation procedures in the Agreement. No refunds shall be made for any reason; it is Client’s responsibility to proactively cancel the Services if, at any time, Client wishes to discontinue Services. There will be no prorating for partial months membership throughout an Agreement. Due to account security and privacy concerns, all billing related questions and cancellation requests MUST be made in writing or via email by the original authorizing party. For security and training purposes, all calls (inbound and outbound) through EAO corporate offices may be digitally recorded.
Representations and Warranties
Client represents, warrants and covenants that
- Client has sufficient authority to enter into the Agreement;
- Client’s use of EAO’ Services is solely for lawful commercial and business purposes;
- Client has the necessary rights to provide all information provided under the Agreement for use as described in the Agreement, and that all such information and all claims, statements, products and services contained or referenced therein and any web site to which it links:
- do not violate any law, statute, ordinance, treaty or regulation or EAO’s policies or guideline;
- do not infringe any copyright, patent, trademark, trade secret or other intellectual property right of any third party;
- do not breach any duty toward or rights of any person or entity including rights of publicity or privacy, and have not otherwise resulted in or are not likely to result in any consumer fraud, product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity;
- are not false, deceptive or misleading;
- are not defamatory, libelous, slanderous or threatening;
- will be free of viruses, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, cancel bots or other computer programming routines that may potentially damage, interfere with, intercept, or expropriate any system data or personal information; and
- comply with the applicable Agreement and this Terms and Conditions; and
- comply with all laws regarding unsolicited electronic messages (including without limitation, the CAN-SPAM Act of 2003 and Client will not engage in any form of spamming or other impermissible marketing activities through any EAO Services provided.
Electronic Signatures Effective
The Agreement is an electronic contract that sets out the legally binding terms of Client’s use of the Services, including, without limitation, EAO’ programs, Services and access to EAO employees, members, contractors, events or resources. Client indicates Client’s acceptance of the Agreement and all of the terms and conditions contained or referenced in the Agreement and these Terms and Conditions by clicking an “I Accept” or “Submit” button in connection with Client’s enrollment, by signing the digital signature through the online enrollment, or by presenting written or faxed signature acceptance. This action creates an electronic signature that has the same legal force and effect as a hand written signature (“Acceptance”). Acceptance indicates the Client accepts the Agreement, including without limitation the Services being offered, agrees to the Terms and Conditions, and agrees that all other verbal discussions or agreements are void and unenforceable. Acceptance indicates the Client also consents to have the Agreement provided and stored in electronic form. Client may request a non-electronic copy of the Agreement either before or after Acceptance. To receive a non-electronic copy of the Agreement, please send a letter and self-addressed stamped envelope to: Accounting, EAO, PO Box 79214, Houston, TX 77279.
Client will indemnify and hold EAO, its subsidiaries, affiliates, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of these Terms and Conditions and the applicable Agreement by Client, including any use of content and third-party content developed by EAO other than as expressly authorized in these Terms and Conditions, statements made at events by other EAO Clients, sponsors, or speakers. Client agrees that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and Client agrees to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. Client will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of Client’s use of the information accessed through EAO’s Services.
Trademarks, service marks, and logos appearing in this site are the property of EAO or the party that provided the trademarks, service marks, and logos to EAO. EAO and any party that provided trademarks, service marks, and logos to EAO retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this site. Client represents that any service marks, logos, images, or trademarks submitted to EAO are owned or licensed legally by Client for said use on or with Services provided by EAO.
Any passwords used for Services provided by EAO, or for access to a portal or web site owned by EAO, are for individual use only. Client will be responsible for the security of Client’s password (if assigned). Client will notify EAO immediately if Client believes that the security of Client’s account has been compromised. EAO AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR LOSSES OR DAMAGES RESULTING FROM ANY SECURITY BREACHES.
Client is prohibited from using any Services provided by EAO to compromise security or tamper with 3rd party system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If Client becomes involved in any violation of 3rd party system security, EAO reserves the right to release Client’s details to system administrators at other sites in order to assist them in resolving security incidents. EAO reserves the right to investigate detected violations of these Terms and Conditions.
EAO reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing EAO to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms and Conditions. BY ACCEPTING THIS AGREEMENT CLIENT WAIVES AND HOLD HARMLESS EAO FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY EAO DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER EAO OR LAW ENFORCEMENT AUTHORITIES.
The material and content accessible from any site owned, operated, licensed, or controlled by EAO (the “Content”) is the proprietary information of EAO or the party that provided the Content to EAO, and EAO or the party that provided the Content to EAO retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of EAO, except that Client may print out a copy of the Content solely for Client’s internal use. In doing so, Client may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms and Conditions is prohibited. Neither title nor intellectual property rights are transferred to Client by access to the Services or EAO Services. Client is expressly prohibited, directly or indirectly through any third party, from any of the following: (i) copying, modifying, creating a derivative work of, reverse engineering, reverse assembling or otherwise attempting to discover the source code of any software pertaining to the Services; (ii) renting, leasing, selling, assigning, transferring, sublicensing, re-licensing, granting a security interest in, or gaining unauthorized access to the Services; and (iii) accessing the Services by any means other than through the interface that is provided by EAO for use in accessing the Services. Theft of Content from any site owned, operated, licensed, or controlled by EAO will be pursued through all legal remedies for the full value of the Services, damages, and attorney’s fee where viable by local and state laws. The use of any of the Services provided by EAO shall in no way be construed by any user as granting or conferring upon them any intellectual property rights whatsoever. Any content provided by Client and post termination of the Agreement, paid for by Client in full, is owned by the Client and not by EAO.
This site or any site owned, operated, licensed, or controlled by EAO may be hyper-linked to other external sites that are not maintained by, or related to, EAO. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or EAO. EAO has not reviewed any or all of such sites and is not responsible for the content of those sites. Hyper-links are to be accessed at Client’s own risk, and EAO makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this site. Further, the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by EAO of that site.
Information Client Provides
Client may not post, send, submit, publish, or transmit in connection with Services provided by EAO any material that:
- Client does not have the right to post, including proprietary material of any third party; advocates illegal activity or discusses intent to commit an illegal act;
- is vulgar, obscene, pornographic, or indecent;
- does not pertain directly to the Services provided by EAO;
- threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
- seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
- infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity; violates any law or may be considered to violate any law; impersonates or misrepresents Client’s connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
- includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
- disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;
- amounts to a ‘pyramid’ or similar scheme;
- disobeys any policy or regulations established from time to time regarding use of Services or any site owned, operated, licensed, or controlled by EAO; or
- Contains hyper-links to other sites that contain content that falls within the descriptions set forth above.
EAO reserves the right to monitor use of this site or Services provided by EAO to determine compliance with these Terms and Conditions, as well the right to remove or refuse any Submission for any reason. Notwithstanding these rights, Client remains solely responsible for the content of Client’s submissions. Client acknowledges and agrees that EAO will not assume or have any liability for any action or inaction with respect to any Submission.
Termination for Cause
EAO and its suppliers reserve the right to immediately terminate the Agreement and deactivate Client’s account, web site, access to Services, Services or access to EAO’ web sites if they believe, in their sole and absolute discretion, that Client has: (i) violated, or threaten to violate, the terms of the Agreement, or these Terms and Conditions; or (ii) created, or are creating, web sites as a nuisance or in a deliberate attempt to degrade or otherwise interfere with the Services, EAO brand name, trademark, copyright, or other EAO client’s Services. Any Client or user who is terminated for cause under this section hereby agrees to forfeit any and all rights, claims and/or causes of action against EAO and its suppliers, including without limitation Client’s rights to any refunds or for any losses, expenses, damages or costs incurred as a result of such termination and deactivation.
EAO shall not be liable or deemed to be in default under this Agreement for any delay or failure to perform resulting from (a) accidents, fire, labor disputes, epidemics, war, terrorist acts, riots, insurrections, power blackouts, acts of nature or causes beyond its reasonable control without its fault or negligence, (b) acts or omissions of the other Party or of a third Party (other than the non-performing Party’s own agents or contractors), or (c) compliance with any law, regulation, ruling, order or requirement of any federal, state or municipal government or agency or court of competent jurisdiction (a ‘Force Majeure Condition’).
Limitations of Liability
CLIENT EXPRESSLY UNDERSTANDS AND AGREES THAT EAO AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO CLIENT FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EAO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF CLIENT’S TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
Last Updated: August 15, 2018