Agreement between User and ExecutiveMemberGroup.com

Welcome to ExecutiveMemberGroup.com. The ExecutiveMemberGroup.com website (the "Site") consists of various web pages operated by Executive Member Group (EMG) ("EMG," "we," "us," or "Company"), a California Limited Liability Company with its principal place of business in Los Angeles, California. ExecutiveMemberGroup.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of ExecutiveMemberGroup.com constitutes your agreement to all such Terms. Please read these Terms carefully and retain a copy for your records.

 

Site Purpose

ExecutiveMemberGroup.com is an E-Commerce Site. ExecutiveMemberGroup.com is a family organizational website designed to inform EMG members and supporters on the latest updates, merchandise for sale, and events.

Privacy

 

Your use of ExecutiveMemberGroup.com is subject to EMG's Privacy Policy, which is incorporated herein by reference. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices. California residents may have additional rights regarding their personal information under the California Consumer Privacy Act (CCPA) and other applicable California privacy laws, as detailed in our Privacy Policy.

 

Electronic Communications

Visiting ExecutiveMemberGroup.com or sending emails to EMG constitutes electronic communications. You consent to receive electronic communications from us and agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. You further consent to the use of electronic signatures in all communications with the Company and acknowledge their legal validity. You may withdraw your consent to receive electronic communications at any time by contacting us, but if you do, your right to use the Site may be limited or terminated.

 

Your Account

If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device. You agree to accept responsibility for all activities that occur under your account or password. You may not assign, sublicense, or otherwise transfer your account to any other person or entity. You acknowledge that EMG is not responsible for third party access to your account that results from theft or misappropriation of your account information. EMG reserves the right, in its sole and absolute discretion, to refuse or cancel service, terminate accounts, or remove or edit content, for any reason whatsoever, without prior notice to you.

 

Children Under Thirteen

The Site is not directed to children under the age of thirteen (13) and EMG does not knowingly collect, either online or offline, personal information from persons under the age of thirteen (13). If you are under eighteen (18) years of age, you may use ExecutiveMemberGroup.com only with the permission and under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible.

 

Cancellation/Refund Policy

ALL SALES ARE FINAL. No refunds or exchanges will be provided except where explicitly required by applicable law. For California residents, certain consumer protection rights may apply as provided under California law. Any exceptions to this policy are at the sole discretion of EMG and will be handled on a case-by-case basis.

 

Automatic Renewal Terms

If you purchase a subscription or membership through the Site, please be aware that your subscription may automatically renew at the end of your subscription period unless you cancel before the renewal date. For any subscription with an initial term of one month or more, we will send you a reminder notice at least 15 days before your subscription renews, which will include the renewal terms, cancellation instructions, and contact information for EMG. California residents have additional rights regarding automatic renewals under California's Automatic Renewal Law (ARL).

 

Links to Third Party Sites/Third Party Services

ExecutiveMemberGroup.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of EMG, and EMG is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. EMG is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by EMG of the site or any association with its operators.

 

Certain services made available via ExecutiveMemberGroup.com are delivered by third party sites and organizations. By using any product, service, or functionality originating from the ExecutiveMemberGroup.com domain, you hereby acknowledge and consent that EMG may share such information and data with any third party with whom EMG has a contractual relationship to provide the requested product, service, or functionality on behalf of ExecutiveMemberGroup.com users and customers.

 

Intellectual Property Rights and Limited License

You are granted a non-exclusive, non-transferable, revocable license to access and use ExecutiveMemberGroup.com strictly in accordance with these Terms. As a condition of your use of the Site, you warrant to EMG that you will not use the Site for any purpose that is unlawful or prohibited by these Terms.

 

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of EMG or its suppliers and protected by United States and international copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.

 

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. EMG content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of EMG and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of EMG or our licensors except as expressly authorized by these Terms.

 

User-Generated Content

The Site may provide users with the ability to submit, post, or display content ("User Content"). You retain all of your ownership rights in your User Content. By providing User Content to the Site, you grant EMG a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Site and EMG's business, including for promoting and redistributing part or all of the Site. You represent and warrant that you own or control all rights in and to the User Content and have the right to grant the license above.

 

Third Party Accounts

You will be able to connect your EMG account to third party accounts. By connecting your EMG account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

International Users

 

The Service is controlled, operated, and administered by EMG from our offices within the United States of America, specifically in Los Angeles, California. If you access the Service from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not use the EMG Content accessed through ExecutiveMemberGroup.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

 

Indemnification

You agree to indemnify, defend, and hold harmless EMG, its affiliates, officers, directors, employees, agents, licensors, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorneys' fees and costs) relating to or arising out of your use of or inability to use the Site or services, any User Content posted by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations. EMG reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with EMG in asserting any available defenses.

 

Dispute Resolution and Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

 

a. Agreement to Arbitrate: You and EMG agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Site (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

 

b. Arbitration Procedures: The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the AAA's Consumer Arbitration Rules then in effect, except as modified by this Agreement. The arbitration will be conducted in Los Angeles, California, unless you and EMG agree otherwise.

 

c. Arbitrator's Powers: The arbitrator shall have exclusive authority to resolve all Disputes, including disputes relating to the interpretation, applicability, enforceability or formation of this Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be final and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

 

d. Waiver of Jury Trial: YOU AND EMG HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and EMG are instead electing that all Disputes shall be resolved by arbitration under this Dispute Resolution section.

 

e. California Residents: For California residents, if the prohibition against class actions and other Disputes brought on behalf of third parties contained above is found to be unenforceable, then that language shall be deemed to have been dropped from the Terms and the remaining obligations relating to arbitration shall continue in full force and effect.

 

Class Action Waiver

ANY PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If a court or arbitrator determines in an action between you and us that this class action waiver is unenforceable, the arbitration agreement will be void as to you. If you choose to pursue your claim in court by opting out of the arbitration provision as specified above, this class action waiver provision will not apply to you.

 

Liability Disclaimer and Limitation of Liability

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. EXECUTIVE MEMBER GROUP (EMG) AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

EXECUTIVE MEMBER GROUP (EMG) AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT

 

THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. EXECUTIVE MEMBER GROUP (EMG) AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EXECUTIVE MEMBER GROUP (EMG) AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF EXECUTIVE MEMBER GROUP (EMG) OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

IN NO EVENT SHALL THE TOTAL LIABILITY OF EMG TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO EMG, IF ANY, FOR ACCESSING THIS SITE OR PURCHASING PRODUCTS OR SERVICES FROM THE SITE DURING THE TWELVE (12) MONTHS PRIOR TO BRINGING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

 

BECAUSE SOME STATES/JURISDICTIONS, INCLUDING CALIFORNIA, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."

 

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

 

Termination/Access Restriction

EMG reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice and without liability to you. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California, without regard to its conflict of law provisions, and you hereby consent to the exclusive jurisdiction and venue of courts in Los Angeles County, California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and EMG as a result of this agreement or use of the Site. EMG's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of EMG's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by EMG with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

 

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and EMG with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and EMG with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.

 

Force Majeure

EMG shall not be liable for any failure to perform its obligations under these Terms where such failure results from any cause beyond EMG's reasonable control, including, but not limited to, mechanical, electronic, or communications failure or degradation, acts of God, terrorism, pandemic, epidemic, quarantine, natural disaster, civil unrest, or government restrictions.

Accessibility

 

EMG is committed to making its website accessible to all users, including those with disabilities. We strive to adhere to the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA and comply with applicable laws, including the Americans with Disabilities Act (ADA) and California's Unruh Civil Rights Act.

Severability

 

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. If any provision is found to be invalid, illegal or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired.

 

No Waiver

The failure of EMG to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

Changes to Terms

 

EMG reserves the right, in its sole discretion, to change the Terms under which ExecutiveMemberGroup.com is offered at any time without prior notice to you. The most current version of the Terms will supersede all previous versions and will be posted on the Site. EMG encourages you to periodically review the Terms to stay informed of our updates. Your continued use of the Site after the posting of any changes to the Terms constitutes acceptance of those changes.

 

Contact Us

EMG welcomes your questions or comments regarding the Terms:

 

Executive Member Group (EMG)
611 Wilshire Blvd, Suite 900 # 1062
Los Angeles, CA 90017

 

Email Address:
info@ExecutiveMemberGroup.com

 

Telephone number:
323-237-9450

Effective as of March 12, 2025