Terms of Use

1. Acceptance of the Terms of Use

These Website Terms of Use, together with any documents referenced and incorporated herein (these “Terms of Use”) form a binding, contractual agreement between you and Leadership Centers, U.S.A., Inc. d/b/a Vistage Florida (“Vistage Florida,” “we,” “our,” or “us”) regarding your access to and use of the website, located at https://vistageflorida.com/, including any content, functionality, and services offered on or through https://vistageflorida.com/ (the “Website”), whether you are a guest, applicant, member, chair, or speaker. The Website is only intended for access and use by legal adults who are residents of the countries and/or regions listed in the Geographic Restrictions section. 

Please read these Terms of Use carefully before you start to use the Website. By using the Website, including when you sign up for events, access our resources, submit an application for membership, contact us through the Website, or access any of the materials and/or content on the Website (the “Services”), you accept and agree to be bound and to abide by these Terms of Use and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms of Use or our Privacy Policy, you must not access or use the Website.

Vistage Florida is a licensee of Vistage Worldwide, Inc. (“Vistage Worldwide”). Vistage Worldwide owns, operates, and/or controls https://www.vistage.com/ and https://myvistage.com/. When navigating the Website, you may have access to, use, or be directed to webpages and/or websites owned, operated, and/or controlled by Vistage Worldwide, whether on or through our Website, https://www.vistage.com/, or https://myvistage.com/. By using the Website, you agree that, in the event and to the extent that you encounter any such webpages and/or websites owned, operated, and/or controlled by Vistage Worldwide, including when you participate in the My Vistage™ online community, you agree to be bound by Vistage Worldwide’s Terms of Use, its Privacy Policy, and its Confidentiality Pledge (the “VWW Documents”). Should a conflict arise between the terms of the VWW Documents and these Terms of Use and/or our Privacy Policy, (i) these Terms of Use and our Privacy Policy shall prevail with respect to webpages and/or websites owned, operated, and/or controlled by Vistage Florida and (ii) the VWW Documents shall prevail with respect to webpages and/or websites owned, operated, and/or controlled by Vistage Worldwide. If you do not agree to the foregoing, do not access or use our Website. 

The Website is only offered to individuals who are residents of the countries and/or regions listed in the Geographic Restrictions section, are at least eighteen (18) years old (or the age of majority in the state or country of which you are a resident), and are able to enter into an enforceable agreement with Vistage Florida. If you are not a legal adult and a resident of one of the countries and/or regions listed in the Geographic Restrictions section, you are not authorized to use the Website and must cease all further access to and use of the Website. By using the Website, you represent and warrant that you are of legal age to form a binding contract with us, and meet all the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website. 

2. Changes to the Terms of Use

We may change, revise, update, and otherwise modify these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them to the Website, and such changes apply to all access to and use of the Website and participation in the Services. Your continued use of the Website or participation in the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so that you are aware of any changes, as they are binding on you. 

3. Accessing the Website and My Vistage™ Accounts

We reserve the right to withdraw or amend this Website, and any Service we provide on the Website, in our sole discretion and without notice to you. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website or Services to specific users, which may or may not include you. You are responsible for both:

To access certain features and/or portions of the Website and the Services, you may be required to apply to become a member of Vistage Florida. By applying to become a member of Vistage Florida, you acknowledge and agree that membership is not guaranteed and is within the sole discretion of Vistage Florida. Applicants may be required to provide certain information during the application process including, first and last name, email address, company name, phone number, country, postal code, professional role, and other information (your “Application”). We may provide you with a link on the Website whereby you may submit an Application through our third party service provider, Jotform (https://www.jotform.com/). After you submit an Application, we will, in our sole discretion, determine whether to accept you as a member of Vistage Florida. It is a condition of your use of the Website that all the information you provide on the Website and/or on your Application, when contacting us using a form we provide, and/or when participating in the Services, is correct, current, and complete. You agree that all information you provide in connection with your access to and/or use of the Website is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy

Members may be allowed to create an account with My Vistage™ (“Account”). While we may assist in setting up accounts for new members, all Accounts are governed by and subject to the terms and conditions of the VWW Documents and are managed using a third-party service provider, SalesForce. Any correspondence regarding your Account should be directed to here.

By setting up an Account, you acknowledge and agree that your Account shall be governed by and subject to the terms and conditions of the VWW Documents, and you are agreeing that, with respect to your Account, you share the responsibility to help ensure the security, integrity, and privacy of your Account. You acknowledge and agree that we shall not be liable in any way whatsoever for any breach of any third party rights resulting from your prohibited disclosure or negligent safekeeping of your Account login credentials. You should use particular caution when accessing your Account from a public or shared computer so that others are not able to view or record your password or other personal information.

We reserve the right to deactivate any Account, username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use, our Privacy Policy, or the VWW Documents.

4. Intellectual Property Rights

The Website, Services, and all content, features, and functionality on the Website (including, but not limited to, all information, materials, resources, ebooks, blogs, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) (“Materials”) are owned by Vistage Florida, Vistage Worldwide, or their respective affiliates, partners, licensors, service providers, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. As between you and Vistage Florida, Vistage Florida owns and shall retain all right, title, and interest in and to the Materials.

Conditioned on your continued compliance with these Terms of Use, Vistage Florida grants you a limited, personal, fully-revocable, non-transferable, non-exclusive license to use the Website and Services solely for your own personal use, consistent with the terms, conditions, and intent of these Terms of Use, and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. The foregoing license does not apply to any content and/or materials on or accessible through the Website with respect to which Vistage Florida does not have the right to fully license as set forth above. This license does not include a license to any source code.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, or in any way exploit (whether commercially or otherwise) all or any part of the content or material on our Website (or downloaded from our Website), including the Materials, except as strictly necessary for your access to and personal use of the Website and Services as contemplated by the terms, conditions, and intent of these Terms of Use. In addition:

You agree not to record, download, or otherwise copy any content or materials on the Website, including, but not limited to, the Materials, or any other videos, pictures, logos, graphics, or other resources offered on the Website, unless we explicitly grant you permission to do so (such as by providing a link to download the particular material). However, the content on the Website may be displayed, reformatted, or printed on your printer for use as personal reference.

You also agree not reverse engineer or break into the Website, or use any of our materials or Services in violation of any law. Your use of this Website is at the sole discretion of Vistage Florida, and Vistage Florida may terminate your use of this Website and/or the Services at any time and for any reason.

Any permission granted to you by these Terms of Use terminates automatically if you violate these Terms of Use, the Membership Terms and Conditions, or our Privacy Policy. No right, title, or interest in or to the Website, the Services, the Materials, or any content or materials on the Website is transferred to you, and all rights not expressly granted in these Terms of Use are reserved by Vistage Florida. Any use of the Website not expressly permitted above is a breach of these Terms of Use and may violate copyright, trademark, and other laws.Vistage Florida expressly reserves all rights in and to the Materials and its other intellectual property, including the right to pursue any and all legal remedies it may have should your breach of these Terms of Use constitute intellectual property infringement under applicable international, federal, and/or state law.

If you wish to make any use of Materials on the Website other than that set out in this section, or are unsure whether a certain use of Materials would violate the terms of this section, please address your request to the email address provided in the Contact Us section.

5. Trademarks

Vistage Florida’s name, the logos associated with Vistage Florida, and all related names, logos, product and service names, designs, and slogans (including, without limitation, the terms VISTAGE®) are trademarks of Vistage Florida, Vistage Worldwide, or their respective its affiliates, partners, licensors, or service providers. You may not use such marks without the prior written permission of Vistage Florida and/or Vistage Worldwide, as applicable. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

6. Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

Additionally, you agree not to:

7. Online Communities

The Website includes a link to https://myvistage.com/ (“My Vistage™”) wherein users may submit, post, display, transmit, perform, publish, distribute, and/or broadcast (“Post”) content and materials, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, documents, personal information or other material (collectively, “User Contributions”). My Vistage™ may offer users the ability to Post User Contributions and/or interact with members of the Vistage Florida community and/or the Vistage Worldwide community through discussion groups, blogs, chats, or other features (each, an “Online Community“). My Vistage™ is owned, operated, and controlled by Vistage Worldwide. By accessing and using My Vistage™, including its Online Communities, you agree that you have read, fully understand, and agree to be bound by the VWW Documents. Vistage Florida does not, and has no obligation to, review, control, or monitor any User Contributions posted to Online Communities. 

Certain Online Communities have their own community guidelines or standards which govern User Contributions and other content Posted in these Online Communities. You are responsible for understanding and following any applicable community guidelines or standards. 

You understand and acknowledge that you are solely responsible for any User Contributions you Post, and you—not Vistage Florida—have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. You expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your or any third party’s User Contributions. We are not responsible or liable to you or any third party for the content, accuracy, availability (or lack thereof) of any User Contributions you or any other user Post to the Website. By submitting a User Contribution to any Online Community, you agree to indemnify and hold harmless Vistage Florida from all claims, costs, and expenses (including legal expenses) arising out of any such User Contribution Posted by you that breaches these Terms of Use and/or the VWW Documents. Your use of an Online Community is at your own initiative and risk. The opinions expressed via User Contributions in the Online Communities reflect solely the opinion(s) of the participants and do not reflect the opinion(s) or view(s) of Vistage Florida.

8. Content Standards

By accessing, using, and/or participating in an Online Community offered on My Vistage™, you agree that you have read, understand, and agree to the content standards set forth in the VWW Documents.

Please note that Vistage Florida cannot ensure that User Contributions are in compliance with these Terms of Use or the VWW documents. You understand and acknowledge that when you access and use My Vistage™, you may be exposed to User Contributions from a variety of sources, and that Vistage Florida cannot guarantee, and is not responsible for, the accuracy, integrity, quality, usefulness, safety, or intellectual property rights or protections of or relating to such User Contributions. You further understand and acknowledge that you may be exposed to User Contributions that are inaccurate, offensive, indecent, objectionable, obscene, threatening, harassing or that otherwise violate these Terms of Use, the VWW Documents, or any applicable content standards, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Vistage Florida with respect thereto.

9. Monitoring and Enforcement; Termination

We have the right to:

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone accessing the Website. YOU WAIVE AND HOLD HARMLESS VISTAGE FLORIDA AND ITS AFFILIATES, PARTNERS, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

10. Recorded Content

Vistage Florida may record the audiovisual content of Speaker workshops, conferences, Vistage Florida group meetings, or Peer Advisory Sessions for internal purposes or use within the Vistage Florida community, or may receive such content from its Speakers, Chairs, and Members for sharing within the Vistage Florida community. However, Vistage Florida will not share recordings of you or information attributable to you with any third parties outside the Vistage Florida community without your express written consent. You agree that Vistage Florida may use, distribute, publish, create derivative works from, or commercialize aggregated, non-personally identifiable information derived from the recorded content in order to develop statistical or educational materials for the benefit of Vistage Florida’s customers and vendors. Please see our Privacy Policy for more information on information collection and disclosure.

11. Reporting Claims of Copyright Infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA“), the written notice (the “DMCA Notice“) must include substantially the following:

Our designated copyright agent to receive DMCA Notices is:

Designated Copyright Agent

Vistage Florida

8286 Bayberry Road,

Jacksonville, FL  32256

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Counter Notification Procedures

If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “Counter Notice“) by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten (10) business days of receiving the copy of your Counter Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Repeat Infringers

It is our policy in appropriate circumstances to disable and/or terminate access to the Website and/or Services for users who are repeat infringers.

12. Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

While we strive to provide content and materials that are helpful to you, none of the content and materials on the Website or Services should be construed as professional advice on any subject matter, whether legal, accounting, tax, or otherwise. Vistage Florida does not engage in and is not engaging in providing legal, accounting, tax, or other areas of professional advice, and nothing in the Website or Services should be construed or relied on as professional advice of any kind. Your use of the Website and/or Services is not intended to create, nor shall it create, any professional-client relationship between you and Vistage Florida. Should you desire to receive professional advice, you should contact the appropriate professional.

This Website may include, or may include links to, content authored or provided by third parties, including materials provided by other users, members, speakers, chairs, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, including statements in User Submissions, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Vistage Florida. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

13. Changes to the Website

We may update the content on this Website from time to time, but we do not guarantee that all content is complete or up-to-date at any given time. If you have a question as to whether certain content is complete or up-to-date, please contact us using the information in the Contact Us section below.

14. Information About You and Your Visits to the Website

All information that you input into and/or that we collect on this Website is subject to our Privacy Policy. By accessing and using the Website, you consent to all actions taken by us with respect to your information in compliance with our Privacy Policy.

15. Confidentiality Pledge and Standards

All members of the Vistage Florida community (including Vistage Florida members, chairs, speakers, employees and certain partners or service providers) who access the Website agree to abide by the duties and obligations set forth in Vistage Worldwide’s Confidentiality Pledge and Standards, as may be updated from time to time. 

16. Linking to the Website 

You may link to our homepage, https://vistageflorida.com/, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. You agree not to:

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. 

17. Links from the Website

If the Website contains links to other websites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, including https://www.vistage.com/ or https://myvistage.com/, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, 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 Florida 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 Website.

18. Geographic Restrictions

Vistage Florida provides this Website from within the United States and for use only by persons located in the United States, Europe, Canada, Central and South America, UK, Australia, and Malaysia. However, the website may be accessed by visitors from any country. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so at your own risk and are responsible for compliance with local laws.

19. Disclaimer of Warranties

YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS AVAILABLE THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER VISTAGE FLORIDA NOR ANY PERSON ASSOCIATED WITH VISTAGE FLORIDA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER VISTAGE FLORIDA NOR ANYONE ASSOCIATED WITH VISTAGE FLORIDA REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER/CLOUD THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, VISTAGE FLORIDA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

20. Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL VISTAGE FLORIDA, ITS AFFILIATES, PARTNERS, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

YOU AGREE THAT IF YOU SUFFER ANY INJURY ARISING OUT OF ANY USER CONTRIBUTION, YOU WILL SEEK RELIEF DIRECTLY FROM THE INJURING USER AND THAT VISTAGE FLORIDA SHALL HAVE NO RESPONSIBILITY TO YOU OR ANY THIRD PARTY REGARDING ANY USER CONTRIBUTION.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF LIABILITY, THEN YOU AGREE THAT IN NO EVENT WILL VISTAGE FLORIDA, ITS AFFILIATES, PARTNERS, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS, OR THEIR RESPECTIVE AFFILIATES, PARTNERS, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND EXCEEDING THE AMOUNT, IF ANY, PAID BY YOU TO VISTAGE FLORIDA DURING THE SIX-MONTH PERIOD PRECEDING THE CLAIM WITH RESPECT TO THE PARTICULAR SERVICE TO WHICH THE CLAIM RELATES OR BY WAY OF MEMBERSHIP DUES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

21. Indemnification

You agree to defend, indemnify, and hold harmless Vistage Florida, its affiliates, partners, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees and expenses) arising out of or relating to your violation of these Terms of Use or our Privacy Policy or your use of the Website, including, but not limited to, any use of the Website’s content and/or Services other than as expressly authorized in these Terms of Use or our Privacy Policy, or your use of any information obtained from the Website.

22. Force Majeure

Vistage Florida and its affiliates, partners, licensors, and service 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 Website or 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, pandemics, severe weather, earthquakes, fire, flood or other natural disasters, strikes or other labor problems, wars, civil unrest, acts of terrorism or governmental restrictions.

23. Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).

By accessing or using the Website, you agree that any past, present, or future claim, controversy, or dispute of any description that you have arising out of, relating to, or in connection with this Website or Vistage Florida (including its predecessors, successors, affiliates, subsidiaries, parent companies, agents, employees, representatives, directors, managers, officers, shareholders, assigns, associates, attorneys, distributors, and all other persons acting on its behalf) shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida, in each case located in the City of Jacksonville and County of Duval, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

24. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

THE FOREGOING DOES NOT AFFECT ANY STATUTE OF LIMITATIONS THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

25. Waiver and Severability

No waiver by Vistage Florida of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Vistage Florida to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a legally valid tribunal to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

26. Entire Agreement

The Terms of Use, the Membership Terms and Conditions, our Privacy Policy, and the VWW Documents shall constitute the sole and entire agreement between you and Vistage Florida regarding the Website and Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website and Services.

27. Contact Us

This website is operated by Leadership Centers, U.S.A., Inc. d/b/a/ Vistage Florida.

All other feedback, comments, notices, requests for technical support, reports of violations of these Terms of Use, and other communications relating to the Website or Services should be directed to: 

Member Service

8286 Bayberry Road

Jacksonville, Florida 32256

Phone: 904.636.0770E