Last Updated: October 12, 2021
Vistage Worldwide, Inc. and its global subsidiaries and successors (collectively “Vistage”) is committed to protecting the privacy of individuals who visit our public, private and/or restricted-use Web sites, including but not limited to: www.vistage.com, my.vistage.com and sites referenced in Vistage’s worldwide locations page. (collectively, the “Sites“), as well as individuals who register to use our Services (as defined below) or who register to attend Vistage events.
- Personal information we collect
- How we collect personal information
- How we use personal information
- How we share personal information
- How long we keep personal information
- International transfer of information collected
- How to access and control your personal information
- Communication preferences
- Cookies & pixel tags
- Links to other web sites
- How to contact us
Personal information we collect
During your visit to one of our Sites, Vistage collects personal information such as:
- Location data: physical location (city, state, country) which you may provide to us or which can be inferred by an IP address.
- Internet and electronic network activity information we collect automatically: browsing history, search history, your operating system, date and time information, online identifiers (e.g. IP address or other similar identifiers) and other technical information about your device (e.g. cookie and pixel tag information).
- Inferences drawn from other personal information: profile reflecting preferences, predispositions, behavior, attitudes, abilities and aptitudes. Our processing of this personal information always includes manual (human) methods of processing.
If you would like more information from Vistage or if you register on one of our Sites, Vistage collects the following personal information directly from you on a voluntary basis via forms in order to respond to your request:
- Contact details: first and last name, email address, postal address, phone number.
- Business information: company name, professional role, number of employees, annual revenue and executive experience.
Employees, Independent Contractors and Candidates
Vistage requests candidates applying for employee and independent contractor roles to provide the following personal information in order to process their application:
- Additional contact details and other identifiers: in addition to the information described in the “Site Users” section above, Vistage also requests residency and work permit status, driver’s license number, government identification numbers and/or other similar identifiers.
- Protected classifications and other demographic data: age, gender, race, ethnicity and/or similar demographic information. We will use this information to comply with anti-discrimination laws and government reporting obligations, to help ensure equal employment opportunities and/or to conduct internal research on company demographics.
- Background information: academic and professional qualifications, education, CV/resume, credit history and/or civil/criminal records data (utilized for background check and vetting purposes where permissible and in accordance with applicable law).
- Location data: physical location (e.g. city, state, country).
Vistage Community Members
When you become a Vistage member (directly or through a Vistage affiliate), independent contractor, employee, affiliate or a Vistage alumnus (collectively referred to as “Vistage Community Member”), Vistage may ask you for additional personal information. Depending on your relationship with us, and in addition to any previous privacy notice you received, relevant personal information may include:
- Account credentials: username, password and similar account authentication information.
- Financial information: credit card, billing, bank account details and other payment information.
- Commercial information: records of services purchased, obtained or considered, or other purchasing or consuming histories.
- Inferences drawn from other personal information: profile reflecting preferences, characteristics, predispositions, behavior, attitudes, abilities and aptitudes. Our processing of this personal information always includes manual (human) methods of processing.
How we collect personal information
Vistage collects the personal information described above from the following sources:
Directly from you
Vistage collects personal information about you when you provide us with your personal information. Examples include when you register with any of our Sites, enter into a contract with us for Services or when you voluntarily provide personal information via online or paper submission forms, surveys, or when you subscribe to Vistage newsletters.
Indirectly from you
When you visit our Sites, Vistage automatically receives certain internet and electronic network activity information. This personal information is automatically recorded on our server logs from your browser, including unique identifiers such as your Internet Protocol (IP) address, Vistage cookie information, and the page you request. Vistage also collects information using analytics tools (directly or through our partners and advertisers) when you visit our Sites. This information is collected to help us improve our Sites and to provide relevant content. See the Cookies & pixel tags section below for a more details.
Our partners and advertisers share information with us
Vistage may receive personal information about you from our affiliates, advertisers, data analytics providers, social networks, data brokers, partners, independent contractors and other authorized service providers who are working on our behalf pursuant to appropriate contractual terms restricting their use of personal information.
How we use personal information
Vistage uses personal information to operate, manage and improve our Services and Sites.
We may rely on various legal means or legal bases for collecting and processing personal information, including:
- your consent (where necessary),
- a legitimate interest,
- necessity to enter into and perform contracts, and
- to comply with our legal obligations.
The legal basis Vistage is required to use in order to collect and use your personal information will depend on your interaction with us and applicable law. If you have any questions about the legal basis, you can contact Vistage’s Privacy Team at email@example.com.
Vistage may use the personal information we collect for one or more of the following business purposes:
Fulfill your requests
When you make requests of Vistage, we will use the information you provided to fulfill these requests. For example, if you share contact and business information to request more details about our Services, we will use that personal information to respond to your inquiry.
If you are a Vistage Community Member, your personal information (e.g. contact details, business information, account credentials and financial information) is used to administer your account. The legal basis for administrating your Vistage account and providing related Services is necessity to perform our contractual obligations.
International Network – My Vistage
As a part of the Vistage Community Member experience, we enable you to connect with other Vistage Community Members by storing your business information in a directory called “My Vistage.” My Vistage is made available to all Vistage Community Members worldwide. You may update your visibility preferences at any time by navigating to your account under the My Vistage website and select the “Edit profile” link.
We have a legitimate interest in providing Vistage Community Members with an international network.
Operate, maintain and improve our Sites
When you visit our Sites, Vistage collects the personal information you provide directly as well as indirectly via cookies and similar technologies. The personal information collected indirectly may include location data as well as internet and electronic network activity. Vistage will record your use of our Sites to operate and improve our Sites, thus helping us to better understand your needs and interests. We use certain analytic/tracking cookies service providers to improve and personalize your experience (e.g. BlueConic and Google Analytics).
Communicate with you
Depending on the circumstances, your personal information may also be used to send additional information about Vistage’s Services, updates, promotions and events (“Communications”) unless you opt out from receiving such Communications. We will seek your advance permission to send Communications if legally required.
Vistage sends Communications in accordance with applicable law and in furtherance of our legitimate business interest to maintain relationships, obtain referrals and to promote our range of Services and events.
Administer the Vistage alumni program
Like a university, Vistage’s unique business model has a legitimate interest in and relies on long-lasting relationships with its community to operate, grow and maintain accurate records. To complement and extend the Vistage experience for Vistage Community Members, Vistage runs an alumni program. Vistage may send Communications to former members, independent contractors and employees to provide information on developments and possible opportunities. You will have the right to opt-out of such Communications if you wish.
General business and legal obligations
Vistage also collects personal information described above to conduct audits, comply with our legal obligations, resolve disputes, enforce our agreements and conduct mergers or acquisitions.
How we share personal information
Vistage may share your personal information with affiliates for business purposes related to customer support, technical operation and/or account management.
We may also share your personal information with authorized service providers for Vistage business purposes.
- Service providers, including customer relation management solutions (e.g. Salesforce), event management platforms (e.g. Cvent) and cloud database management services (e.g. Box.com) to assist in providing Services, organizing events, technical support and account management.
- Independent contractors, including Vistage Chairs, speakers and business partners to assist Vistage with providing Services.
- Analytic/tracking cookies service providers (e.g. BlueConic, Google Analytics) to assist us with technical support, measuring the effectiveness of advertisements and understanding who is visiting our Sites and which parts of our Sites are most visited.
These service providers will be obliged to abide by appropriate contractual terms and are not permitted to use your personal information for any purpose unrelated to providing services to Vistage.
Vistage does not sell personal information about you.
How long we keep personal information
Vistage retains your personal information for the duration of the time that is consistent with the original purpose of collection. For example, we may retain your personal information while your account to use our Sites or Services is active. We may also retain personal information for a period of time thereafter to:
- allow for the recovery of accounts if requested by you,
- analyze the data for Vistage’s business operations,
- administer the Vistage alumni program, and/or
- conduct audits, address our ongoing legal rights/obligations, resolve disputes, and enforce our agreements.
International transfer of information collected
Vistage’s global headquarters and primary storage of personal information is in the United States. Depending on where you are located and applicable law, Vistage will rely on certain legal bases to transfer your personal information across international borders such as: your consent (if required), to perform a contract with you or to fulfill Vistage’s legitimate interest which does not outweigh your rights and freedoms.
Where necessary to comply with applicable law, Vistage enters into data processing agreements and relies on a relevant adequacy decision or provides for appropriate safeguards by engaging in Standard Contractual Clauses with its global subsidiaries, Licensees and authorized service providers.
How to access and control your personal information
Your rights to access and control your personal information may vary depending on your location and applicable law. If you are a European, United Kingdom or Swiss resident, see the Residents of the European Union, United Kingdom and Switzerland section below for specific details.
Access to your personal information
You have the right to request disclosure of certain information to you about our collection and use of your personal information. Any limits or exceptions under applicable law will be explained in our response to your verified request.
Deletion request rights
You have the right to request deletion of your personal information that Vistage collected and retained. Upon receipt of your verifiable request, we may delete (and direct our service providers to delete) your personal information from our records to the extent required by law. There are certain exceptions where applicable law either allows or requires us to deny your deletion request. Such a denial will be explained in our response to your verifiable request.
No discriminatory treatment
When you choose to exercise your privacy rights, you will not receive any discriminatory treatment from Vistage. This is not only a legal requirement, but it is in line with Vistage’s operational principal of “respect for the individual.”
Residents of the European Union, United Kingdom and Switzerland
The European Union’s General Data Protection Regulation (EU GDPR), the United Kingdom’s Data Protection Act 2018 (UK GDPR), and the Swiss Federal Data Protection Act of June 19, 1992 (FADP), which will be replaced by the Revised Federal Data Protection Act (Revised FADP) when it becomes effective, provide certain rights.
You have the following rights, including the right to: access your personal information; correct, delete, restrict, or object to the processing of your personal information; as well as the right to data portability of your data under certain conditions. You may also request information about: the processing purposes, the category of personal data, the categories of recipients to whom your data has been disclosed, the source if not collected directly from us, or the planned storage period. In addition, you can withdraw consent you may have given to Vistage at any time.
If you have any unresolved concerns that we have not addressed satisfactorily related to how we are processing your personal information, you have the right to contact the European or United Kingdom Data Protection Authorities or the Swiss Federal Data Protection and Information Commissioner (FDPIC).
How to exercise your rights
To exercise the rights described above, please submit a verifiable request to us by either contacting us using the information in the How to contact us section below or by using our web form.
Only you, or a person that you authorize to act on your behalf, may make a request related to your personal information. Vistage must be able to verify such requests through the exercise of reasonable diligence. To be verifiable your request must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative; and
- Describe your request with sufficient detail that allows us to properly understand, evaluate and respond to it.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request. We will use personal information provided in a request solely for the purpose of verifying the requestor’s identity or authority to make the request.
You may manage your receipt of Communications via email by clicking on the “unsubscribe” link located on the bottom of Vistage emails. Additionally, you may opt out of Communications by filling out our web form or by emailing us at: firstname.lastname@example.org.
Vistage may retain some of your personal information solely for the purposes of knowing your wish to not be contacted again in the future, or for other purposes that are legally permitted or required.
Cookies & pixel tags
We collect visitor information by using cookies and pixel tags.
A pixel tag, also known as a clear GIF or web beacon, is an invisible tag or tiny graphic image placed on certain pages of our website or in emails but not on your computer. When you access these pages, pixel tags generate a generic notice of that visit. They usually work in conjunction with cookies, registering when a particular computer visits a particular page. If you turn off cookies, the pixel tag will simply detect an anonymous website visit. Pixel tags help us analyze our visitors’ online behavior and measure the effectiveness of our websites and our advertising. We work with service providers that help us track, collect and analyze this information.
Pixel tags on our sites may be used to collect information about your visit, including the pages you view, the features you use, the links you click, and other actions you take in connection with the Sites. This information may include your computer’s Internet protocol (IP) address, your browser type, your operating system, date and time information, and other technical information about your computer. We may also track certain information about the identity of the websites you visit immediately before and after coming to our site. We do not otherwise track any information about your use of other websites.
Pixel tags and cookies in our emails may be used to track your interactions with those messages, such as when you receive, open or click a link in an email message from us.
We also work with analytic/tracking cookies service providers (e.g. BlueConic, Google Analytics), who use tracking technologies to serve advertisements on our behalf across the Internet. These service providers may collect information about your visits to our websites and your interaction with our advertising and other communications.
Links to other web sites
How to contact us
To find the postal address and other contact details of the Vistage Subsidiary or Licensee in your country or region, see Vistage’s worldwide locations.
INTELLECTUAL PROPERTY PROTECTION
You may not use or reproduce or allow anyone to use or reproduce any trademarks (including, without limitation, the “Vistage®” name and logo, or other trade names found in the Content, including those appearing on the Sites) for any reason without written permission from Vistage or the identified owner.
Pursuant to the Digital Millennium Copyright Act of 1998, 17 U.S.C. 512(c)(2) (the “DMCA“), Vistage’s designated agent for notice of alleged copyright infringement in connection with the Site is: Brian Casazza, Chief Information Officer, Vistage Worldwide, Inc., 4840 Eastgate Mall, San Diego, CA 92121, Telephone number: (858) 509-5868, Email address: Brian.Casazza@Vistage.com. To file a notice of infringement with Vistage, the requirements specified in Title II of the DMCA must be fulfilled. The text of this statute can be found at the U.S. Copyright Office web site, located at https://www.copyright.gov. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Vistage a counter-notice. Please consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
CONDUCT; USE OF CONTENT
Limited License to User
Vistage hopes and believes that the Content will be helpful, but it should not be construed as legal, accounting, tax or other professional advice on any subject matter. Vistage has endeavored to comply with legal and ethical requirements known to the Vistage personnel who compiled the Sites, but Vistage is not engaged in rendering legal, accounting, tax or other professional services, and availability or use of the Content is not intended to create, and does not create, any attorney-client, accountant-client or other professional services relationship. Use of the Content is not an adequate substitute for obtaining legal, accounting, tax or other professional advice from a qualified and licensed (if applicable) provider in your jurisdiction. You agree you will not act or refrain from acting based on any of the Content without first seeking the services of a qualified professional.
User Content and Submissions
User Grant of Licenses to Vistage
You affirm, represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish and disclose your User Submissions. You own all User Submissions, and other information that you upload to Vistage private member platforms. Vistage does not claim any ownership rights in User Submissions. After posting User Submissions, subject to the licenses granted herein, you continue to retain any ownership rights you have to User Submissions, and you continue to have the right to use and license User Submissions in any legally permissible way you choose. The information that you upload to any Vistage private member platform needs to comply with the terms of this Agreement. At any point, you can remove User Submissions and Vistage only retains any license rights set forth herein to maintain content in private areas where you have posted it.
You hereby grant Vistage, during the course of your usage of the Vistage private member platforms, a nonexclusive, worldwide, royalty-free, and transferable right and license to (i) use, access, store, cache, and privately display to users of Vistage private member platforms User Submissions (a) for the purpose of operating and making User Submissions available on Vistage private member platforms or (b) for our internal business purposes so that we may derive metrics and analytics relating to User Submissions; and (ii) disclose any such metrics and analytics regarding User Submissions for marketing and business development purposes. This license will terminate at the time you remove User Submissions from the Vistage private member platforms. Without limiting the foregoing, you agree that (1) User Submissions you remove may persist for a reasonable amount of time in back-up copies (but these copies will not be available to others) and (2) Vistage cannot control User Submissions that have been shared with others that have not deleted them and that the license for that information is perpetual.
You should be aware that Vistage is not required and may not keep back-up copies of User Submissions. Vistage makes no guarantee that User Submissions will be safely stored and you should independently back-up and archive your User Submissions.
Recorded Content on Vistage CEO Connect
You understand that, by submitting a User Submission, you represent, acknowledge and agree that:
- To the best of your knowledge, your User Submissions represent your own original work and Vistage’s publication and/or use of your User Submissions will not infringe upon any other individual’s or entity’s rights;
- Vistage does not pre-screen User Submissions and you are solely responsible for the content of your User Submissions and the consequences of posting or publishing them on the Sites, including but not limited to any injury, damage or liability resulting therefrom;
- You understand that Vistage is not responsible for, and cannot control, any actions taken by other users or members of the Vistage community in respect of your User Submissions, you accept responsibility for posting User Submissions where others may view them, and you acknowledge that Vistage recommends that you do not submit any User Submissions that would reasonably be considered to contain trade secrets or insider information, or that would otherwise subject you or your company to any liability or losses;
- You understand that Vistage has no obligation, either express or implied, to develop or use your User Submissions and that no compensation is due to you or anyone else for any inadvertent or intentional use of those User Submissions, related User Submissions or any content or derivative work that is derived from your User Submissions;
- Vistage is not obligated to provide any justification for removing or deleting any User Submissions or to reveal Vistage’s activities that are related to any submitted User Submissions;
- Your submission of User Submissions to Vistage is entirely voluntary;
- Vistage may, directly or indirectly, (i) be developing content, suggestions, ideas, notes, concepts, information or other materials that are the same or substantially similar to the User Submissions, or (ii) already have knowledge of such content, suggestions, ideas, notes, concepts, information or other materials from other sources;
- Vistage has the right (but not the obligation) to monitor the Sites and each User Submission; to alter or remove any User Submission at any time; to disclose any User Submission and the circumstances surrounding its transmission to any third party or governmental or regulatory entity in order to operate the Sites properly; to protect ourselves, our sponsors and our users and visitors; and to comply with legal obligations or governmental requests.
You are solely responsible for the content of your User Submissions. You agree you will not:
- are unlawful, obscene, hateful, defamatory, libelous, threatening, fraudulent, abusive, pornographic, sexually explicit, harassing or racially, ethnically or otherwise offensive;
- encourage conduct that would be considered a criminal offense, or do or could give rise to civil liability or violate any law, rule or regulation, or are otherwise objectionable;
- are intended to victimize, harass, degrade or intimidate an individual or group of individuals on the basis of age, disability, ethnicity, gender, race, religion or sexual orientation;
- comprise non-public or insider information about companies, or are otherwise confidential or private;
- contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant to Vistage all of the license rights granted herein;
- comprise an advertisement, solicitation, pyramid scheme, firm offer to invest or other unsolicited commercial communication (except as otherwise expressly permitted by Vistage in writing); or
- include recommendations to buy or refrain from buying a particular security or which otherwise have the purpose of affecting the price or value of any security;
- Disguise or attempt to disguise the true origin of any User Submissions;
- Impersonate any person or entity (including, without limitation, Vistage staff or other members of the Vistage community) or misrepresent any affiliation with any person or entity;
- Knowingly post or transmit any User Submissions that contain software viruses, files, code or other harmful components designed to interrupt, destroy or limit the functionality of the Sites, the Content or any Vistage computer software, systems or equipment;
- Collect or store other users’ personal data;
- Restrict or inhibit any other user from using the Sites, Site Services, Content or Online Communities;
- Upload, post, email, or otherwise transmit any material that infringes any patent, trademark, trade secret, copyright or other intellectual property right, privacy right, or publicity right of any person or entity;
- Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” chain letters, or any other potentially objectionable form of unsolicited communication, including without limitation, via initiation or perpetuation of “SPAM,” or to newsgroups, bulletin boards, or users that have requested that messages not be sent to them;
- Upload, post, email, or otherwise transmit any material that you do not intend to disclose to all recipients of your transmission, including users who have access to the areas of the Sites in which your User Submission is posted;
- Use the Sites for any purpose or in any manner that violates any local, state, or federal law or regulation, or any applicable laws or regulations of any foreign government; or
- Upload, post, email or otherwise transmit without authorization any material that would reasonably be considered to contain confidential or private information concerning any third party person or entity, including without limitation, personal (i.e., non-business) phone number(s) or addresses, account numbers, social security numbers, passwords or other similar information.
Vistage neither endorses nor is responsible for any User Submissions, or for any opinion, advice, recommendation, information or other utterance made or displayed therein or otherwise posted on the Sites or Online Communities by third parties, whether such third parties are visitors to the Sites, members of the Vistage community or others. Vistage expressly disclaims any and all liability in connection with any User Submissions. The opinions expressed in any User Submission reflect solely the opinions of the user submitting such User Submission and do not reflect the opinions or views of Vistage. You should not rely on User Submissions in making (or refraining from making) any specific investment, business or other decisions.
Certain Online Communities have their own community guidelines or standards which govern User Submissions and other content posted or otherwise published in these Online Communities. Community guidelines or standards applicable to an Online Community can be located in the area within a Site where the Online Communities are accessed. You are responsible for understanding and following any applicable community guidelines or standards.
Vistage may modify the rules related to Online Communities at any time without prior notice to you.
THIRD PARTY TRANSACTIONS
You may use the Sites to purchase products or services from Vistage’s third party partners. In that event, your contract for such products will be with the third party partner and not with Vistage. You acknowledge and agree that Vistage has no responsibility or liability in connection with any such products or services. Descriptions or images of, or references to, products or services on the Sites do not imply Vistage’s endorsement of such products or services.
TERM AND TERMINATION
Vistage may, in its discretion, terminate or suspend your access to all or part of the Sites (including any right to access and use the Content). Vistage reserves the right to refuse to offer access to the Sites and/or Content to anyone at anytime without notice.
If you terminate your account, we will have no obligation to refund you any fees you may have paid except as may be required by applicable law.
CHANGES TO THE SITES
Vistage reserves the right, in its discretion, to suspend, change, modify, add or remove portions of the Content available on the Sites at any time. Vistage reserves the right to add to or change the Sites or cease offering the Sites at any time and without liability.
USER RESPONSIBILITY FOR ACCOUNT INFORMATION
CONFIDENTIALITY PLEDGE AND STANDARDS
All members of the Vistage community (including Vistage members, chairs, speakers, Vistage employees and certain partners or service providers) who access any Member Site agree to abide by the duties and obligations set out in Vistage’s Confidentiality Pledge and Standards, as may be updated by Vistage from time to time, the latest version of which is available at https://www.vistage.com/about/confidentiality-pledge/.
Although the Sites may be accessible worldwide, we make no representation that the Sites or their Content are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Sites from international locations do so at their own initiative and are responsible for compliance with applicable local laws. Any offer of any product, service, and/or information made in connection with the Sites is void where prohibited.
VISTAGE MAKES NO WARRANTY, EXPRESS OR IMPLIED, RELATING TO THE CONTENT, THE SITES, THE SITE SERVICES, THE SOFTWARE OR ANY PRODUCTS AVAILABLE THROUGH THE SITES, WHICH ARE PROVIDED “AS IS” AND “AS AVAILABLE.” YOUR USE OF THE SITES IS AT YOUR OWN RISK, AND YOU, AND NOT VISTAGE, ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SITES OR THEIR CONTENT. VISTAGE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, OR NON-INFRINGEMENT. VISTAGE DOES NOT GUARANTEE THE ACCURACY, RELIABILITY OR TIMELINESS OF THE CONTENT OR SITE SERVICES, THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR RELATED SYSTEMS ARE FREE FROM VIRUSES OR OTHER CONTAMINATING OR DESTRUCTIVE PROPERTIES. VISTAGE MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT. NO VERBAL OR WRITTEN REPRESENTATIONS, INFORMATION OR ADVICE GIVEN BY VISTAGE OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE OR EXPAND ANY WARRANTY.
Limitation & Disclaimer of Liability
YOU ACKNOWLEDGE THAT THERE ARE SECURITY, PRIVACY AND CONFIDENTIALITY RISKS INHERENT IN ONLINE COMMUNICATIONS AND ASSOCIATED TECHNOLOGY. YOU AGREE THAT VISTAGE WILL NOT BE RESPONSIBLE OR LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (a) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITES; (b) DATA NONDELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (c) LOSS OR DAMAGES OF ANY KIND INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-SITE LINKS ON THE SITES; (d) COMPUTER VIRUSES, SYSTEM FAILURE OR MALFUNCTION THAT MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITES, INCLUDING DURING HYPERLINK TO OR FROM THIRD-PARTY WEBSITE; (e) DECISIONS MADE OR ACTIONS TAKEN BY THE USER OR A THIRD PARTY IN RELIANCE ON THE SITES OR CONTENT; OR (f) EVENTS BEYOND OUR REASONABLE CONTROL.
YOU AGREE THAT IF YOU SUFFER ANY INJURY ARISING OUT OF ANY USER SUBMISSION, YOU WILL SEEK RELIEF DIRECTLY FROM THE INJURING USER AND THAT VISTAGE’S RESPONSIBILITY SHALL BE LIMITED TO REMOVING THE INJURIOUS POSTING OR PORTION THEREOF FROM THE SITE(S) UPON NOTICE FROM THE INJURED PARTY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL VISTAGE, ITS AFFILIATES, LICENSEES, REPRESENTATIVES OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR OTHER PECUNIARY LOSS) ARISING DIRECTLY OR INDIRECTLY FROM THE USE OF (OR FAILURE TO USE) OR RELIANCE ON THE SITE OR SITE SERVICES, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF VISTAGE HAS BEEN ADVISED OF THE POSSIBILITY THAT SUCH DAMAGES MAY ARISE. THE LIMITATION OF LIABILITY SET FORTH ABOVE IS AN ESSENTIAL ELEMENT OF THE AGREEMENT BETWEEN VISTAGE AND YOU. NEITHER THE SITES NOR THE CONTENT WOULD BE PROVIDED ABSENT SUCH LIMITATIONS.
Vistage, its affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of the Content or Site Services resulting directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, fire, flood or other natural disasters, strikes or other labor problems, wars, civil unrest, acts of terrorism or governmental restrictions.
Changes to these Terms
Advertising, Third Party Content and other Web sites
Parts of the Site may contain third party content or have links to other websites which may or may not be operated by Vistage. Vistage has not reviewed all of the web sites that are linked to the Sites, and Vistage has no control over such sites. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Sites, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Vistage shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Sites. Content providers are responsible for ensuring that material submitted for inclusion on the Sites complies with international and national law. Vistage is not responsible for any third party content. The Sites may contain links to other Web sites. Vistage is not responsible for the availability of these Web sites or their contents.
No delay or omission on the part of either party in requiring performance by the other party of its obligations will operate as a waiver of any right.
Notices to Vistage must be given in writing and sent to Vistage at the following address: Vistage Worldwide, Inc., 4840 Eastgate Mall, San Diego, CA 92121, Attention: General Counsel. Notices to you may be sent to the email address supplied for your account or we may broadcast notices or messages through the Sites to inform you of changes to the Sites or other matters of importance, and such broadcasts shall constitute notice to you. Any notices or communication will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with verification of receipt; (3) five business days after the mailing date, if sent by U.S. mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile; or (5) on the delivery date if transmitted by confirmed email.
Severability; Survival; Statute of Limitations
Relationship Between the Parties
There is no agency, partnership, joint venture, or employee-employer relationship between any user or Member and Vistage arising solely through the access or use of the Sites or Site Services.
You shall comply with all export laws and restrictions and regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or other United States or foreign agency or authority, and not export or re-export Visage Content in violation of any such restrictions, laws, or regulations. By downloading or using the Content, you agree to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any restricted country or on any such list.
Governing Law and Jurisdiction
(Last updated: March 2, 2017)