Executive Function

a Studio Management Venture

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Terms of Service

Executive Function (ExecFn) by Studio Management LLC is a subscription based online service that helps you build your own anti-spam algorithm to help eliminate non-essential email from your inbox. For this purpose, we provide you with the access to the ExecFn application and website, browser extension, and any third party platform plugins that we may or may not create (the “Website”), including the public and paid areas thereof (collectively, the “Service”). The ExecFn Service is provided by Studio Management LLC and in this document we will refer to our company as “ExecFn”, “we”, “us” or “our”. These “Terms of Service” set forth the terms and conditions that govern your use of our Website and Service.

Consent Of User

PLEASE READ ALL OF THE FOLLOWING TERMS AND CONDITIONS OF USE FOR THIS WEBSITE BEFORE USING OUR WEBSITE OR SERVICE SITE. By continuing to access or use this Website, or any service on this Website, you signify your acceptance of the Terms of Service. ExecFn, Inc. reserves the right to amend, remove, or add to the Terms of Service at any time. Such modifications shall be effective immediately when posted to the Website. Accordingly, you should review these Terms of Service whenever accessing or using this Website. Your access or use of the Website, or any service on this Website, after the posting of modifications to these Terms of Service will constitute your acceptance of the Terms of Service, as modified. If, at any time, you do not wish to accept the Terms of Service, you may no longer access or use the Website. Any terms and conditions proposed by you which are in addition to or which conflict with the Terms of Service are expressly rejected by ExecFn and shall be of no force or effect.

Intellectual Property

Generally:

This Website, including, but not limited to, text, content, photographs, video, audio, graphics, goods, and the Service generally, is protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. The Service is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual articles, columns and other elements making up the Service are also copyrighted works.

User Compliance:

You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Service. You acknowledge that the Service has been developed, compiled, prepared, revised, selected, and arranged by ExecFn, its corporate parents, affiliates and subsidiaries (collectively the “Company”) and others (including certain other third party information sources) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of the Company and such others.

Protection of Information:

You agree to protect the proprietary rights of the Company and all others having rights in the Service during and after the term of this agreement and to comply with all reasonable written requests made by ExecFn or its suppliers and licensors of content, equipment, or otherwise (the “Suppliers to protect their and others’ contractual, statutory, and common law rights in the Service. You agree to notify ExecFn in writing promptly upon becoming aware of any unauthorized access or use of the Service by any individual or entity or of any claim that the Service infringes upon any copyright, trademark, or other contractual, statutory, or common law rights.

Ownership:

All present and future rights in and title to the Service (including the right to exploit the Service and any portions of the Service over any present or future technology, and any information entered by you into the Service) are reserved to the Company for its exclusive use.

Limitation:

Except as specifically permitted by these Terms of Service, you may not copy or make any use of the Service or any portion thereof. Except as specifically permitted herein, you shall not use the Intellectual Property Rights or the Service, or the names of any individual participant in, or contributor to, the Service, or any variations or derivatives thereof, for any purpose, without ExecFn’s prior written approval.

Restriction On Use

You agree to use the service solely for your own noncommercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You may not use the service for any illegal purpose or in any manner inconsistent with these Terms of Service. You agree not to use, transfer, distribute, or dispose of any information contained in the service in any manner that could compete with the business of the company or any of its suppliers. You may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit, or in any way exploit any part of the service, except that you may download material from the service and/or make one print copy for your own personal, noncommercial use, provided that you retain all copyright and other proprietary notices. You may not recirculate, redistribute or publish the information included in the service without ExecFn’s prior written consent.

Modification of the service’s content would be a violation of the copyrights and other proprietary rights of ExecFn and/or its corporate parents and/or its subsidiaries. Additionally, you may not offer any part of the service for sale or distribute it over any other medium, including, but not limited to, over-the-air television or radio broadcast, a computer network or hyperlink framing on the internet, via mobile devices or in any other format, electronic or otherwise, without the prior written consent of ExecFn.

The service may not be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute any database services containing all or part of the service. You may not use the service in any way to improve the quality of any data sold or contributed by you to any third party. Furthermore, you may not use any of the trademarks, trade names, service marks, copyrights, or logos of ExecFn and/or its corporate parents or its subsidiaries in any manner which creates the impression that such items belong to or are associated with you or, except as otherwise provided herein, are used with ExecFn’s consent, and you acknowledge that you have no ownership rights in and to any of such items. When sending information to third parties via the service, you shall:

  1. not upload or send any message that is unlawful, libelous, slanderous, offensive, obscene, hateful, pornographic, violent, insulting, threatening, abusive, misleading, deceptive, or racially, ethnically, or otherwise objectionable;
  2. not upload or send any commercial, promotional, or solicitation information; and
  3. remain civil and treat all recipients of such information with respect and sincerity. You also agree to comply with any other applicable terms and conditions of service set forth on the service.

License

To You:

Notwithstanding anything to the contrary contained herein, on the Website, or in any other document or communication provided to you by or between you and the Company, you do not acquire any rights or licenses in or to the Website, the Service and/or the information or materials contained within the Service other than the limited and revocable right to utilize the Service in accordance with the these Terms of Service while you remain a paying customer in good standing with the Company. Should you choose to access or download content from the Service, you must do so in accordance with these Terms of Service. Such access or download is revocably licensed to you by the Company for your own personal, noncommercial use in accordance with these Terms of Service and does not transfer any other rights to you.

By You:

If you submit information, data, or materials of any kind (‘Content’) to the Website, the Service, or to ExecFn or its representatives, unless ExecFn indicates otherwise in advance, you grant the Company a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, copy, and display such Content throughout the world in any form, media, or technology now known or hereafter developed. You represent and warrant that you own or otherwise control all of the rights to the Content that you submit, that the material you submit is truthful and accurate; that use of the Content you supply does not violate these Terms of Service and will not cause injury to any person or entity; and that you will indemnify the Company and its Suppliers, agents, directors, officers, employees, representatives, successors, and assigns for all claims resulting from violation of the foregoing by Content you supply.

Limitation of Liability:

The Company and its suppliers, agents, directors, officers, employees, representatives, successors, and assigns disclaim any responsibility and assume no liability for any Content submitted by you or any third party, or for your use of any similar Content submitted by any other user or third party.

Fees And Payments

Generally:

ExecFn reserves the right at any time to charge fees for access to portions of the Service or the Service as a whole. If at any time ExecFn requires a fee for portions of the Service or the Service as a whole, ExecFn will require you to register and create an account, and may require you to provide payment information in advance of accessing the Service.

Payment:

You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to, charges for any products or services offered for sale through the Service by the Company or by any other vendor or service provider. All fees and charges shall be billed to you in accordance with the normal billing practices of ExecFn and the Website, and you shall be solely responsible for their payment. You shall pay all applicable taxes relating to the use of the Service through your account, and the purchase of any other products or services.

Prepaid Fees:

Certain portions of the Service or the Service as a whole may require a prepaid fee (“Prepaid Fee”), which may be modified from time to time in ExecFn’s sole discretion. The Prepaid Fee, and all taxes and other fees related thereto will be paid by you in advance. In no event will you receive any portions of the Service or the Service as a whole if a Prepaid Fee is required unless ExecFn receives all fees and charges payable by you in advance, including any Prepaid Fee.

Account Creation and Registration

Account Creation:

As part of the registration and account creation process necessary to obtain access to certain portions of the Service, including those portions that require a fee or payment for access, you will be required to select a username and a password. You will provide ExecFn with certain additional required registration information, all of which must be accurate, truthful, and updated. You shall not:

  1. select a username already used by another person;
  2. use a username to which another person has rights without such person’s authorization;
  3. use a username or password that ExecFn, in its sole discretion, deems offensive, inappropriate or not sufficiently secure.

ExecFn reserves the right to deny creation of your account based on ExecFn’s inability to verify the authenticity of your registration information. You agree to maintain only one account with the Service at any time and certify that you currently have no other account(s) with the Service.

Account Confidentiality:

You shall be solely responsible for maintaining the confidentiality of your password. You shall immediately notify ExecFn of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your username, password or credit card information. You are fully responsible for all usage and activity on your account, including, but not limited to, use of the account by any third party authorized by you to use your username and password. The use of your account by any individual under age eighteen (18) is strictly prohibited. If the computer system on which you accessed the Service is sold or transferred to another party, you warrant and represent that you will delete all cookies and software files obtained by or through use of the Service.

Account Termination:

ExecFn reserves the right to terminate your account, in its sole discretion, at any time without notice. You may terminate your account at any time by following the procedures to do so set forth on the Website. Upon properly submitting a termination request, you will receive an automated confirmation via e-mail that the request was received, and your account will be terminated within five (5) business days. You are responsible for all charges incurred up to the time the account is terminated.

Claims Resulting from Misuse:

Notwithstanding anything to the contrary contained herein, ExecFn reserves the right, including after the termination of your account or the withdrawal of your consent to these Terms of Service, to pursue any and all claims against any user of your account.

DISCLAIMER AND LIMITATION OF LIABILITY

YOU AGREE THAT YOUR USE OF THE SERVICE, THE WEBSITE, AND/OR ANY OTHER INFORMATION OR SERVICE PROVIDED BY THE COMPANY IS AT YOUR SOLE RISK AND YOU ACKNOWLEDGE THAT THE SERVICE AND ANYTHING CONTAINED WITHIN THE SERVICE, INCLUDING, BUT NOT LIMITED TO, CONTENT, SERVICES, GOODS, OR ADVERTISEMENTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND THAT THE COMPANY MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SERVICE, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE OR USE.

The Company does not warrant that the Website or the Service is compatible with your equipment or that the Website, the Service, or any communication sent by the Company or by third parties via the Service, is free of errors or viruses, worms or “Trojan horses,” or any other harmful, invasive, or corrupted files, and is not liable for any damage you may suffer as a result of such destructive features. You agree that the Company and its suppliers, agents, directors, officers, employees, representatives, successors, and assigns shall have no responsibility or liability for:

  1. any injury or damages, whether caused by the negligence of the Company, its parent, or their respective affiliates, suppliers, agents, directors, officers, employees, representatives, general partner(s), subsidiaries, successors, and assigns, or otherwise arising in connection with the Service and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages, or any claim against the Company by any other party; or
  2. any fault, inaccuracy, omission, delay, or any other failure in the Service caused by your computer equipment or arising from your use of the Service on such equipment.

The content of other websites, services, goods, or advertisements that may be linked to the Service is not maintained or controlled by the Company. The Company is therefore not responsible for the availability, content, or accuracy of other websites, services, or goods that may be linked to, or advertised on, the Service. The Company does not:

  1. make any warranty, express or implied, with respect to the use of the links provided on, or to, the Service;
  2. guarantee the accuracy, completeness, usefulness or adequacy of any other Websites, services, goods, or advertisements that may be linked to the Service; or
  3. make any endorsement, express or implied, of any other Websites, services, goods, or advertisements that may be linked to the Service. The Company is also not responsible for the reliability or continued availability of the telecommunications conduits, communications media, and equipment you use to access the Service. You understand that the Company and/or third-party contributors to the Service may choose at any time to inhibit or prohibit their content from being accessed under these Terms of Service, and that if they do so you may no longer have access to such content.
  4. You acknowledge that:
  1. the Service is provided for information purposes only and is not intended for trading purposes;
  2. the Service may include certain information taken from stock exchanges and other sources from around the world;
  3. the Company does not guarantee the sequence, accuracy, completeness, or timeliness of the Service or any information contained therein;
  4. the provision of certain parts of the Service is subject to the terms and conditions of other agreements to which the Company is a party;
  5. none of the information contained on this Website or within the Service constitutes a solicitation, offer, opinion, or recommendation by the Company to buy or sell any security, or to provide legal, tax, accounting, or investment advice or services regarding the profitability or suitability of any security or investment; and
  6. the information provided on this Website and/or via the Service is not intended for use by, or distribution to, any person or entity in any jurisdiction or country where such use or distribution would be contrary to law or regulation. Accordingly, anything to the contrary herein set forth notwithstanding, the Company, its Suppliers, agents, directors, officers, employees, representatives, successors, and assigns shall not, directly or indirectly, be liable, in any way, to you or any other person for any:
  • inaccuracies or errors in or omissions from the Service including, but not limited to, quotes and financial data;
  • delays, errors, or interruptions in the transmission or delivery of the Service; or
  • loss or damage arising therefrom or occasioned thereby, or by any reason of nonperformance.

Authority

You represent, warrant and covenant that:

  1. you have the power and authority to enter into this agreement; and
  2. you are at least eighteen (18) years of age, or have reached the age of majority in the jurisdiction in which you are or in which you reside, whichever is greatest.

Indemnification

You represent, warrant and covenant that: You agree, at your own expense, to indemnify, defend and hold harmless the Company, its suppliers, agents, directors, officers, employees, representatives, successors, and assigns from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys’ and experts’ fees, arising out of or in connection with the Service, or any links on the Service, including, but not limited to:

  1. our use or someone using your computer or other device’s use of the Service;
  2. use by you or someone other than you using your account;
  3. a violation of these Terms of Service by you or anyone using your computer (or account, where applicable);
  4. any claim that any use of the Service by you or someone using your computer (or account, where applicable) infringes any intellectual property right of any third party, or any right of privacy or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party;
  5. any deletions, additions, insertions or alterations to, or any unauthorized use of, the Service by you or someone using your computer, device or account, where applicable;
  6. any misrepresentation by you or breach by you of any representation or warranty made by you contained herein; or
  7. any breach of any covenant or agreement to be performed by you hereunder.

You agree to pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action, or proceeding attributable to any such claim. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defense. You acknowledge and agree to pay the Company’s reasonable attorneys’ fees incurred in connection with any and all lawsuits brought against you by the Company under these Terms of Service and any other terms and conditions of service on this site, including without limitation, lawsuits arising from your failure to indemnify the Company pursuant to these Terms of Service.

Termination

  1. You may terminate these Terms of Service, with or without cause and at any time, by discontinuing your use of the Service and destroying all materials obtained from the Service.
  2. You agree that, without notice, ExecFn may terminate these Terms of Service, or suspend your access to the Service, with or without cause at any time and effective immediately. These Terms of Service will terminate immediately without notice from ExecFn if you, in ExecFn’s sole discretion, fail to comply with any provision of these Terms of Service.
  3. The Company shall not be liable to you or any third party for the termination or suspension of the Service, or any claims related to the termination or suspension of the Service. Upon termination of these Terms of Service by you or ExecFn, you must discontinue your use of the Service and destroy promptly all materials obtained from the Service and any copies thereof.

Governing Law

These Terms of Service shall be governed and construed in accordance with the laws of the United States and the State of Delaware, without giving effect to conflicts-of-law principles thereof. You agree to submit to the personal jurisdiction of the state and federal courts located in the State of Delaware with respect to any legal proceedings that may arise in connection with the Service or from a dispute as to the interpretation or breach of these Terms of Service.

United States Export Control & Foreign Assets Control Regulations

The Company does not represent that materials in the Service are appropriate or available for use in any particular location. Those who choose to access the Service do so on their own initiative and are responsible for compliance with all applicable laws.

Linking and Framing

You may not link to or frame this website, the service or any portion thereof, except as provided in this section 13.

Intellectual Property:

Upon linking to this Website pursuant to these Terms of Service, you will be granted a non-exclusive, non-transferable, royalty-free sub-license to use the ExecFn mark owned by the Company solely for providing an underlined, textual link from your Website to ExecFn.COM or the Service. No other use of the Company’s marks, names or logos is permitted without express written permission from ExecFn.

Restrictions on Linking:

Without limiting other provisions contained in these Terms of Service, you may include a link(s) on your website to ExecFn.COM or the Service ‘s publicly accessible webpages (i.e., any webpage which does not require a login and password and/or restrict access). You may not link to ExecFn.COM or the Service from any site containing inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic(s), name(s), or material, or information that violates any applicable intellectual property, proprietary, privacy or publicity rights or ExecFn or any third party.

Restrictions on Framing:

ExecFn is concerned about the integrity of this Website and the Service when either is accessed in a manner solely determined by third parties or viewed in a setting solely created by third parties. Specifically, ExecFn prohibits activities such as bringing up or presenting content of this Website within another Website (“framing”). In this regard, without limiting the provisions contained in these Terms of Service, you may not frame any webpage or content from ExecFn.COM or the Service, except with our express written permission. Further, you may not archive, cache, or mirror any ExecFn.COM webpage, any part of the Service, or any portion thereof or content therefrom. Any violation of the foregoing is a violation of these Terms of Service. If you would like to use, reprint, frame, or redistribute any ExecFn.COM content other than as permitted herein, you must request permission from ExecFn in writing by emailing info@ExecFn.com. Please include:

  1. your name, e-mail address, and telephone number;
  2. the name of your company;
  3. the website address(es) where the proposed use will occur; and
  4. specific details about the contemplated linking or framing activities, including the content or webpage(s) of this website which you would like to use.

Intellectual Property Claims and Issues

Generally:

Please send general inquiries regarding intellectual property issues to info@ExecFn.com.

Copyright Agent for Copyright Infringement Claims (DMCA):

The designated agent to receive notification of claimed infringement under Title II of the Digital Millennium Copyright Act is:

ExecFn, Inc.

205 Lansing Island Drive

IHB, FL, 32937

info@ExecFn.com

Trademark Notice:

‘ExecFn’, ‘ExecFn, Inc.’, the ExecFn logo and certain other identities are trademarked.

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