Thanks for using FleCXO! FleCXO (referred to herein as “FleCXO”, “we”, or “us”) has developed a suite of web-based applications provided at www.FleCXO.com to allow people to submit profiles to us, that will be submitted to other people seeking their skill set (the “Service”). Some of the information used herein is applicable to Customers (Fractional CxOs participating in the FleCXO Network), others to the Visitors (potential employers of Fractional CxOs using the FleCXO Network) and others to both Customers and Visitors, all of which are clearly denoted below.

Applicable to Customers

FleCXO is willing to make the Service available to you (otherwise referred to herein as “member” or “Customer” under these terms and conditions. By clicking “I Agree” or “Login” or “Log In” you acknowledge and agree that the following terms and conditions will become binding on you. Any access or use of the Site or Service constitutes acceptance of these terms and conditions by you. If you do not agree to these terms and conditions do not click “I Agree”, in which case you will not be permitted to access or use the Site or Service.

The Site and Services

The Service is provided through an access restricted website and related databases and servers (collectively, the “Site”). You may only use the Service and access the Site for the personal purposes of you as the Customer or for potential Visitors as defined below.

At any time FleCXO may without notice make changes to the Site.

User Provided Information – Third Party Rights

Except as otherwise agreed to between FleCXO and the Customer, any data, information, content, or other material you upload to the Site or otherwise make available via the Service shall not be considered your confidential or proprietary information, and FleCXO will be free to use, copy, modify, create derivative works of, store, and process such data, information, content, and material without restriction and to make the same available to any third party for any purpose as more fully described under “Uploading Information as a Fractional CxO Customer of FleCXO” below.

Uploading Information as Fractional CxO Customer of FleCXO

• FleCXO provides the opportunity for Fractional CxOs, and others, to upload certain information onto the websites. This includes, but is not limited to, the executive’s contact information, areas of expertise, introductory paragraphs, background information as a Fractional CxO, articles, audio, video, references, areas of expertise and keywords.
• As a Fractional CxO who lists with FleCXO, during the term of the listing, by uploading or submitting any materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) to FleCXO, royalty-free, irrevocable, non-exclusive right and license to use, publish, reproduce, modify, adapt, or create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed.
• As a Customer of FleCXO, you warrant you have the copyright of any articles, or any other materials, you post on the FleCXO website. You further agree to defend and indemnify FleCXO for alleged violations of any copyright or other intellectual property claims arising out of your postings.

Feedback

To the extent you provide FleCXO with any suggestions, ideas, enhancement requests, recommendations or feedback regarding the Service or the Site, FleCXO otherwise conceives of or creates any ideas, enhancements, improvements, or modifications to the Service or the Site (collectively, “Feedback and Improvements”), FleCXO will be free to use, disclose, commercialize, and exploit such Feedback and Improvements without any restriction or payment to you.

The Service and the Site and all intellectual property rights therein are the exclusive properties of FleCXO and its suppliers. All rights in and to the Service and the Site not expressly granted to you are reserved by FleCXO and its suppliers. There are no implied licenses granted to you, including anything related to Feedback and Improvements that FleCXO may use without restriction as set forth above. We may monitor the usage of the Service and Site and may collect and/or generate data and information relating to your use of the Service and Site (“Collected Data”). Except as otherwise agreed to between FleCXO and the Customer, all Collected Data will be owned by us and may be used, disclosed, commercialized, and exploited by us without any restriction.

Disclaimer

FleCXO makes no representations or warranties directly to you, as the Customer with respect to the Site or Service or your usage thereof, including any guarantees of employment by a Visitor to the Site. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE AND SERVICE, AND ANY INFORMATION PROVIDED HEREFROM ARE PROVIDED TO YOU ON AN “AS IS” AND “WITH ALL FAULTS” BASIS. FLECXO MAKES NO GUARANTEES AS TO THE ACCURACY OF ANY INFORMATION PROVIDED BY OR THROUGH THE SITE OR SERVICE AND EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING USE OF THE SITE OR SERVICE OR ANY INFORMATION PROVIDED HEREFROM, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, GUARANTEES OF EMPLOYMENT, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ALL IMPLIED INDEMNIFICATIONS.

Disputes

Any dispute between you and FleCXO with respect to the service or your usage of the Site or Service will be resolved in accordance with any and all dispute resolution procedures outlined in FleCXO’s agreement with the Customer, including, without limitation, all arbitration, venue, jurisdiction, and governing law terms and conditions agreed to between FleCXO and the Customer, all of which are binding on you.

Changes

FleCXO reserves the right to change these terms and conditions in its sole discretion, which changes will be binding on you the next time you use the Site or Service. We encourage you to review the Site frequently to ensure that you are current on these Terms and Conditions.

Copyright Materials of FleCXO applicable to You as a Customer

• Unless otherwise expressly stated, all materials, including photos, streaming audio, icons, databases, html and programming codes, images, metatags, designs, icons, and written and other materials that are part of FleCXO, are the copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by FleCXO.
• Information contained in this website is not public domain but is the private property of FleCXO.
• No material from FleCXO may be copied, distributed, modified, reproduced, republished, uploaded, or transmitted in any way, unless it is otherwise expressly permitted by FleCXO as set forth in this Terms of Service.

Applicable to Visitors

Acknowledgment of Trade Secret Protection

You as a “Visitor” or “potential employer” of a FleCXO Customer acknowledge that the Service and the Site contain valuable trade secrets of FleCXO and its suppliers. Accordingly, you agree not to: (i) upload, post, transmit, or otherwise make available to the Service any data, information, content, or other material that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, or ethnically objectionable; (ii) impersonate any person or entity, including, but not limited to, a FleCXO employee, or falsely state or otherwise misrepresent your affiliation with a person or entity; (iii) modify, adapt, alter, translate, or create derivative works of the Service or the Site; (iv) create Internet “links” to the Service or “mirror” any data, information, content, or other material of FleCXO that is provided to you through the use of the Services; (v) build a product or service using similar ideas, features, functions, or graphics of the Service; (vi) sublicense, resell, rent, lease, transfer or assign the Service or its use, or offer the Service on a time share basis to any third party; (vii) merge the Service or the Site with other software or data; (viii) reverse engineer, decompile, or disassemble the Service or the Site; or (ix) otherwise attempt to derive the source code for the Service or the Site or attempt to gain access to any underlying code used to implement or deploy the Service or the Site

Prohibition against Solicitation of Fractional CxOs Listed on FleCXO

• Visitors to FleCXO are invited to search for a Fractional CxO, and to evaluate the experience, background, and qualifications of those Fractional CxOs for the visitors’ consultation, retention, and/or designation.
• Solicitation of any of the Fractional CxOs listed on FleCXO in any fashion for any other reason other than for consultation, retention, or designation is strictly prohibited. This prohibition includes, but is not limited to, contacting those Fractional CxOs listed on FleCXO by email, phone, text, fax, or any other electronic or personal communication to solicit those executives for other directories, referral services, or similar marketing or advertising services or products.
• Access to this site for the purpose of marketing products or services or for any reason not specifically permitted herein is a violation of these terms of use and will be strictly enforced.

Copyright Materials of FleCXO applicable to Customers

• Unless otherwise expressly stated, all materials, including photos, streaming audio, icons, databases, html and programming codes, images, metatags, designs, icons, and written and other materials that are part of FleCXO, are the copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by FleCXO.
• Information contained in this website is not public domain but is the private property of FleCXO.
• No material from FleCXO may be copied, distributed, modified, reproduced, republished, uploaded, or transmitted in any way, unless it is otherwise expressly permitted by FleCXO as set forth in the paragraph below.
• One copy of the materials may be printed or downloaded on any single computer for your personal, non-commercial use only, to use to retain a Fractional CxO, provided all copyright and FleCXO proprietary notices are included as indicated.
• Use of Fractional CxO curriculum vitae or resumes (“CV”) on FleCXO without the executive’s express permission for designation, or to get a competitive advantage in hiring, is strictly prohibited.
• Unauthorized reproduction of data, alteration of data or files, and any unauthorized attempt to access managerial areas of FleCXO is strictly prohibited.

Further Terms and Condition of Use of the FleCXO Site

• The information contained in the FleCXO website is provided as a free service to those seeking to hire Fractional CxOs, and to the Internet community as a whole.
• It is our hope that you will benefit by the free information provided on FleCXO. By using FleCXO, and accessing the information provided on the website, you signify your agreement to the Terms of Service and Use set forth herein.
• The information on the FleCXO website does not constitute hiring advice.
• Any visitor, or user, who does not fully, completely, and unconditionally accept and agree to these Terms of Service and Use, as outlined herein, is not authorized to use or view any information contained in the FleCXO website.

Applicable to Both Visitors and Customers

References to Third Party Products or Services, and Statements by Third Parties

• Any reference made by FleCXO to any product, service, or process (or provider of the same) by hyperlink, trade name, trademark, or otherwise, does not constitute or imply an endorsement, recommendation, or favoring by FleCXO.
• Any statements, opinions, advice, services, offers or other information expressed or made available by third parties, including Fractional CxOs, are those of the respective persons and do not necessarily reflect those of FleCXO.

Links to other websites and services

• FleCXO provides links to other websites and services. However, FleCXO does not control the availability and content of those outside services and resources.
• Any concerns regarding any such other website or service, linked to or from FleCXO, should be directed to that third party.

Limitation of Liability

• FleCXO shall not be liable to you, whether the Customer of Visitor, in any way with respect to the Service or your usage of the Site or Service. If liability of any kind arises relating to the Site or Service, FleCXO shall be liable (if at all) to the Customer. You may not make any claims of any kind against FleCXO directly, and hereby waive any and all claims of any kind you may have with FleCXO arising out of your use of (or inability to use) the Site or Service and agree to hold FleCXO harmless from the same. YOU ASSUME ALL RISK ARISING FROM YOUR USE OF THE SITE AND SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLECXO SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR ANY OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE OR SERVICE, OR INFORMATION PROVIDED HEREFROM, INCLUDING ANY LOSS OF USE, LOST DATA OR SOFTWARE, LOST BUSINESS PROFITS, BUSINESS INTERRUPTION, PERSONAL INJURY, OR ANY OTHER PECUNIARY LOSS, EVEN IF FLECXO HAS BEEN INFORMED OF THE POSSIBILITY OR EXISTENCE THEREOF.
• IF FOR ANY REASON THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY ARE HELD UNENFORCEABLE OR INAPPLICABLE, THE TOTAL AGGREGATE LIABILITY OF FLECXO IF ANY, FOR DAMAGES TO YOU SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).
• Certain countries or states do not allow the disclaimer of certain warranties or the limitation or exclusion of liability, so the above disclaimers and limitations/exclusions may not apply to you in their entirety.
• Under no circumstances shall FleCXO be liable for any damages, including but not limited to compensatory, direct, indirect, special, consequential incidental, business loss, income or profits, or punitive damages, data loss, that may result from the use, or inability to use, the materials, information, or resources on the FleCXO, or that may arise from any errors, omissions, delays, or interruption of FleCXO’s service.
• Nothing set forth in this section shall invalidate the subsection applicable to Customers set forth under “Disclaimer” above. To the extent there are any inconsistencies between this section and “Disclaimer” above, Customers will be bound by the section entitled “Disclaimer” unless prohibited by law.

Complete Agreement / Choice of Law / Venue

• This is the entire agreement between us relating to the terms and conditions of use of FleCXO.
• Except as described above, this agreement cannot be modified except by a subsequent writing, which must be signed by both parties.
• This agreement shall be construed in accordance with Indian law.
• You agree that any action arising out of these terms or the use of the FleCXO website shall be filed only in the state or local courts located in Bengaluru, India, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
• If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

Legal Disclaimer Applicable to all Parties

Disclaimer Regarding the Information on the FleCXO Website

• FleCXO has used reasonable efforts in collecting, preparing and providing quality information and material, but does not warrant or guarantee the accuracy, completeness, adequacy or currency of the information. We also make no claims, promises, warranties, or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to this web site. The materials on the FleCXO website are provided “as is.”
• All Fractional CxO information which appears on the FleCXO website has been provided by the Fractional CxOs themselves.
• FleCXO has not verified the background, qualifications, experience, or business practices of any of the Fractional CxOs listed on the FleCXO website, and therefore disclaims any responsibility for the accuracy or completeness of their information and listings on our website.
• FleCXO does not make any recommendation or referral of any Fractional CxOs listed on the FleCXO website, and we do not make any suggestion as to their competency.
• Our visitors to our website are cautioned that it is their responsibility to always independently verify the background, qualifications and experience of the Fractional CxOs whose information appears on FleCXO.
• By downloading, viewing and utilizing information on the FleCXO website, all visitors assume full responsibility for their own actions and any damages or liabilities that may result from the utilization of information obtained from the FleCXO website. This assumption of liability includes the consequences of consulting, retaining or designating a Fractional CxO listed on the FleCXO website.

Questions Regarding this Disclaimer

• Should you have any questions or comments about the FleCXO disclaimer, please send an e-mail to info@FleCXO.com