Terms of Service

1. Acceptance of Terms

By accessing or using the CEO Performance website (www.ceoperformance.com) and services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our services.

These Terms apply to all users, including casual visitors, assessment participants, and coaching clients. We reserve the right to modify these Terms at any time, and your continued use of our services constitutes acceptance of any changes.

2. Description of Services

Leadership Assessment

CEO Performance provides a comprehensive leadership assessment tool designed for executives of companies with $10M-$500M in annual revenue. Our assessment includes:

• • Multi-dimensional leadership evaluation across 8 key areas
• • Personalized insights and development recommendations
• • Comparative benchmarking against industry standards
• • PDF report generation and email delivery

Coaching Services

We offer professional executive coaching services including:

• • One-on-one leadership coaching sessions
• • Strategic planning and execution support
• • Team development and organizational coaching
• • Custom leadership development programs

Content and Resources

Our website includes educational content, blog articles, and resources on leadership development, CEO performance, and executive effectiveness. This content is for informational purposes and does not constitute professional advice.

3. User Eligibility and Account Responsibilities

Eligibility

Our services are intended for business executives and leaders aged 18 or older. By using our services, you represent and warrant that:

• • You are at least 18 years of age
• • You have the legal capacity to enter into binding agreements
• • You are using the services for legitimate business purposes
• • All information you provide is accurate and current

Account Security

You are responsible for maintaining the confidentiality of any account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

4. Assessment Terms and Accuracy

Assessment Participation

When participating in our leadership assessment, you agree to:

• • Provide honest and accurate responses to all questions
• • Complete the assessment personally (not delegate to others)
• • Use the results for legitimate leadership development purposes
• • Not share or redistribute the assessment questions

Results and Recommendations

Our assessment results and recommendations are based on your responses and established leadership frameworks. However:

• • Results are for developmental purposes and not definitive evaluations
• • We do not guarantee specific outcomes from following recommendations
• • Individual circumstances may affect the applicability of suggestions
• • Results should not be used as the sole basis for employment decisions

5. Coaching Services Terms

Professional Relationship

Our coaching services establish a professional relationship focused on leadership development. This relationship:

• • Is confidential and built on mutual trust and respect
• • Requires active participation and commitment from you
• • May involve challenging conversations and feedback
• • Is designed to support your professional growth and effectiveness

Coaching Expectations

While we are committed to providing high-quality coaching services:

• • Success depends on your engagement and application of insights
• • We cannot guarantee specific business or personal outcomes
• • Coaching effectiveness varies based on individual circumstances
• • Results require time, effort, and consistent implementation

6. Payment and Refund Policy

Free Services

Our leadership assessment and basic content are provided free of charge. No payment is required to access these services.

Coaching Services

Coaching services are provided on a fee basis with the following terms:

• • Payment is due according to the agreed schedule
• • Sessions must be cancelled at least 24 hours in advance
• • Late cancellations or no-shows may be charged
• • Packages are non-transferable and have expiration dates

Refund Policy

Given the personalized nature of our coaching services, refunds are provided on a case-by-case basis. We are committed to client satisfaction and will work with you to resolve any concerns about service quality or value.

7. Intellectual Property Rights

Our Content

All content on our website, including but not limited to text, graphics, logos, images, assessment tools, and software, is the property of CEO Performance and is protected by copyright and other intellectual property laws. You may not:

• • Copy, modify, or distribute our content without permission
• • Use our assessment methodology for commercial purposes
• • Reverse engineer or attempt to extract our proprietary algorithms
• • Create derivative works based on our content

Your Content

You retain ownership of any content you provide to us, including assessment responses and information shared during coaching sessions. By using our services, you grant us a limited license to use this information to provide our services and improve our offerings, always in accordance with our Privacy Policy.

8. Prohibited Uses

You agree not to use our services for any unlawful or prohibited purposes, including:

• • Violating any applicable laws or regulations
• • Impersonating another person or entity
• • Interfering with or disrupting our services or servers
• • Attempting to gain unauthorized access to our systems
• • Using automated tools to access our services without permission
• • Collecting user information for unauthorized purposes
• • Posting or transmitting malicious code or harmful content
• • Using our services to compete with or harm our business

9. Privacy and Confidentiality

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

For coaching clients, we maintain strict confidentiality regarding all information shared during coaching sessions, except where disclosure is required by law or necessary to prevent harm.

10. Disclaimers and Limitations

Service Disclaimers

Our services are provided "as is" and "as available" without warranties of any kind. We disclaim all warranties, express or implied, including:

• • Warranties of merchantability and fitness for a particular purpose
• • Warranties that our services will be uninterrupted or error-free
• • Warranties regarding the accuracy or completeness of content
• • Warranties that our recommendations will achieve specific results

Professional Advice Disclaimer

Our services provide general guidance and are not a substitute for professional advice. You should consult with qualified professionals regarding:

• • Legal matters affecting your business
• • Financial decisions and planning
• • Mental health or psychological concerns
• • Specific technical or industry-related issues

11. Limitation of Liability

To the maximum extent permitted by law, CEO Performance and its affiliates, officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• • Loss of profits, revenue, or business opportunities
• • Loss of data or information
• • Business interruption or operational delays
• • Personal or professional reputation damage
• • Third-party claims or actions

Our total liability for any claims arising from or related to these Terms or our services shall not exceed the amount you have paid us in the twelve months preceding the claim.

12. Indemnification

You agree to indemnify, defend, and hold harmless CEO Performance and its affiliates from and against any claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to your use of our services, violation of these Terms, or infringement of any third-party rights.

13. Termination

Termination by You

You may stop using our services at any time. For coaching services, termination terms will be specified in your coaching agreement.

Termination by Us

We may terminate or suspend your access to our services immediately, without prior notice, if you:

• • Violate any provision of these Terms
• • Engage in conduct that we determine is harmful to our business or other users
• • Fail to pay for coaching services when due
• • Provide false or misleading information

14. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the United States and the state where CEO Performance is incorporated, without regard to conflict of law principles. Any disputes arising from these Terms or our services shall be resolved in the courts of that jurisdiction.

15. Dispute Resolution

Informal Resolution

Before pursuing formal legal action, we encourage you to contact us directly to resolve any disputes. We are committed to working with you to find a mutually acceptable solution.

Arbitration

For disputes that cannot be resolved informally, both parties agree to binding arbitration conducted by a qualified arbitrator in accordance with the rules of the American Arbitration Association. This agreement to arbitrate does not preclude either party from seeking provisional remedies in court where appropriate.

16. Changes to Terms

We reserve the right to modify these Terms at any time. When we make changes, we will update the "Last Updated" date and post the revised Terms on our website. Material changes will be communicated to users through email or prominent website notices. Your continued use of our services after changes become effective constitutes acceptance of the revised Terms.

17. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

18. Entire Agreement

These Terms, together with our Privacy Policy and any additional agreements for specific services (such as coaching agreements), constitute the entire agreement between you and CEO Performance regarding the use of our services and supersede all prior agreements and understandings.

19. Contact Information

If you have questions about these Terms or need to contact us regarding legal matters, please reach out: