We sell working engagements delivered by John Comeau personally. We guarantee the work, not a job offer, because nobody honest guarantees a job offer.
Follow the plan. Meet with John over 30 days. You will generate better opportunities. Guaranteed. If not, tell us within 14 days and you get all of your money back. Cancel before your first session for any reason and you get all of it back too.
What you tell us stays confidential, with one deliberate exception: when we introduce you to a recruiter we share what makes the introduction work. That exception is the product, and you can limit it in writing before introductions start.
Disputes go to arbitration in Arizona, and you can opt out of that within 30 days without it affecting anything.
These Terms of Service (the “Terms”) are a binding contract between you and Elevated Executive Inc, an Arizona corporation doing business as Elevated Exec (“Elevated Exec,” “we,” “us,” or “our”). They govern your use of elevatedexec.com (the “Site”) and your purchase of any engagement, assessment, or other service we offer (together, the “Services”).
By purchasing a Service, completing the Executive Market Index™, or otherwise using the Site, you agree to these Terms. If you do not agree, do not purchase and do not use the Site.
Section 16 contains a binding arbitration provision and a waiver of class actions. It affects how disputes between us are resolved. Please read it. You may opt out of arbitration within 30 days as described in that section.
You must be at least 18 years old and able to form a binding contract. If you are purchasing on behalf of an organization, you represent that you are authorized to bind that organization, and “you” refers to both you and that organization.
Elevated Exec is an executive search advisory. We sell working engagements delivered personally by John Comeau. As of the effective date of these Terms, the Services are:
| Service | What it includes |
|---|---|
| Executive Market Index™ (EMI) | A complimentary self-assessment and scored report. No fee, and no engagement is created by completing it. |
| Executive 1:1 with John | A 30 day engagement comprising four sessions with John Comeau, held on days 1, 5, 10 and 30, plus the delivered toolkit described on the Site at the time of purchase. |
| Executive Market Mapping™ | A 90 day engagement comprising ten sessions with John Comeau, a customized 1,000 contact Market Matrix, a live pipeline with reported campaign results, and personal introductions to executive recruiters. |
| The Retained Executive™ | A six month engagement arranged individually. Its scope and fee are set out in a separate written agreement, which controls over these Terms where they conflict. |
What you are buying is what the Site described on the day you purchased. We may change our offerings, but a change to the Site does not reduce what we owe you under an engagement you already paid for.
Sessions are delivered by John Comeau. They are not delivered by an associate, a contractor, a licensee, or an automated system. If John becomes unable to deliver an engagement, Section 9 applies.
We are an advisory. We are not an employment agency, a placement firm, a staffing service, a career counseling service, or your agent, and we do not represent you to employers in a legal sense.
WE DO NOT GUARANTEE A JOB, AN INTERVIEW, AN OFFER, A PLACEMENT, A SPECIFIC COMPENSATION OUTCOME, OR ANY PARTICULAR RESULT FROM YOUR SEARCH. Nothing on the Site, in our marketing, or in an engagement should be read as such a guarantee. What we guarantee is the work, and that guarantee is set out in Section 7 and in our Refund Policy.
We do not provide legal, tax, immigration, accounting, financial, medical, or mental health advice. Nothing in an engagement is a substitute for advice from a licensed professional in those fields.
Any outcome, statistic, testimonial, or case study we publish describes a particular person or period. It is not a prediction of your result and is not a representation of average results.
Our fees are paid by you for advisory work. We do not collect a fee from you in exchange for placing you in a position, and we do not accept a fee from an employer that is contingent on your hire arising from an engagement with you.
Prices are stated on the Site in United States dollars and are exclusive of tax. The price that applies to you is the price displayed at checkout when you purchase.
Where a two part structure is used, the engagement remains a single commitment for the full stated price. The split is a payment courtesy. It is not a reduction in price or scope, and it is not two separate purchases.
Payments are processed by Stripe, Inc. We do not receive or store your full card number. Your use of the checkout is also subject to Stripe’s terms. You represent that you are authorized to use the payment method you provide.
You are responsible for any sales, use, VAT, GST, or similar tax arising from your purchase, other than taxes on our net income. Where we are required to collect such tax, it is added at checkout.
If a scheduled balance is more than 15 days past due, we may suspend delivery until it is paid. Days during a suspension do not count against your engagement term. If an amount remains unpaid 45 days after its due date, we may treat the engagement as terminated by you under Section 9 and may recover reasonable costs of collection.
If you believe a charge is wrong, contact us first at john@elevatedexec.com. We would rather resolve it directly, and our guarantee is usually faster than a dispute. Initiating a chargeback does not by itself end your obligations under these Terms, and we may present the record of your engagement to the card network.
Sessions are booked through the scheduling link we send after purchase. It is your responsibility to book within the engagement term.
Rescheduling is free with at least 24 hours notice, as many times as you need.
A cancellation with less than 24 hours notice, or a failure to attend, forfeits that session. You receive one forgiven no-show per engagement, with no explanation required. Things happen at this level of a career.
Executive Market Mapping™ runs 90 days from your first session. If your own schedule makes that impossible, tell us before day 60 and we will extend once, by up to 30 days, at no charge. Sessions not used within the term, as extended, expire.
If we cancel a scheduled session on less than 24 hours notice, that session is rescheduled at your convenience and you receive an additional 30 minutes with John at no charge.
Neither party may record a session without the other party’s prior consent. Where we record with your consent, the recording is handled under our Privacy Policy.
An engagement is working sessions, not a lecture. To deliver it we need you to:
These are also the conditions on which the guarantee in Section 7 rests.
You agree not to resell, sublicense, publish, or commercially exploit our materials; not to use the Services to violate any law or any obligation you owe a current or former employer; not to attempt to access parts of the Site you are not authorized to reach; and not to misrepresent your identity or authority.
Follow the plan. Meet with John over 30 days. You will generate better opportunities. Guaranteed. If not, you get your money back, and we tell you so ourselves.
Within 14 days of your final session, write to john@elevatedexec.com and tell us the opportunities did not come. You do not need to justify it in detail or make a case.
Following the plan means your profile is live, your twenty-five targets are worked, and your first messages are sent. Attend your sessions, subject to the forgiven no-show in Section 5, and send us the inputs we ask for. That is the whole standard. If you are not there and you are still unhappy, write to us anyway.
The full amount you paid for that engagement, refunded within 10 business days of our acknowledgment, to the original payment method.
The guarantee does not cover market outcomes: an offer you did not receive, an employer that went quiet, a search that took longer than you hoped, or a decision you made. Those are not ours to promise, and Section 3 says so plainly. We guarantee the opportunities. We do not guarantee which one you accept.
If these Terms and a guarantee we have published on the Site conflict, the version more favorable to you governs. We would rather honor what we said in public than argue about the wording here.
Full mechanics, including cancellation before your first session and how deposits are treated, are in our Refund Policy, which forms part of these Terms.
What you tell us in an engagement is confidential. That includes your compensation, your reasons for leaving, your read on your own leadership, your targets, your search status, and anything else you share. We do not sell it and we do not disclose it except as described here.
When we introduce you to an executive recruiter or a contact in our network, we share what is necessary to make the introduction land: your background, your targets, and your situation. That disclosure is the thing you are buying. If there is something you do not want passed along, tell us in writing before introductions begin and we will honor it.
We may describe engagement patterns anonymously in our writing and teaching. You will not be identifiable. If you would rather we did not at all, say so and we will not.
Our frameworks, templates, methods, matrices, checklists, and unpublished materials are our confidential information. You may use them for your own career as described in Section 10. You may not disclose them to a competing advisory or coaching practice.
Neither party is bound as to information that is or becomes public without breach, was already known without a duty of confidence, is independently developed, or must be disclosed by law or valid legal process. Where we are compelled to disclose, we will give you notice if we are lawfully able to.
These obligations continue for three years after the engagement ends, and indefinitely for anything that qualifies as a trade secret.
Cancel for any reason and receive a full refund. Write to john@elevatedexec.com.
The engagement is non-cancellable, and the Section 7 guarantee is your remedy. For a Mapping engagement paid in two parts, the day 45 balance remains due, because completing the work is what makes the guarantee available to you.
We may end an engagement if the working relationship is not productive, if you breach these Terms, or if continuing would require us to act unethically or unlawfully. Where we end an engagement other than for your breach, we refund you pro rata for undelivered sessions, and we will tell you why.
If John Comeau becomes unable to deliver an engagement because of death, incapacity, or serious illness, we will refund the undelivered portion in full. We will not substitute a different practitioner without your written agreement.
Sections 3, 4, 8, 10, 11, 12, 13, 14, 16, 17, and 18 survive termination.
We own the Site, our written materials, and the frameworks and methods behind the work, including the Executive Transition System™, the Executive Market Index™, Executive Search Intelligence™, Executive Market Mapping™, The Retained Executive™, and the Founder’s Guarantee™, together with the underlying templates, checklists, scoring logic, and assets. Nothing in these Terms transfers ownership of any of it.
The deliverables we build for you, meaning your Playbook, your Game Plan, your Brag Sheet, your Market Matrix, and the completed templates, are yours to use for your own career, permanently. Use them, revise them, and reuse them in your next search five years from now.
You own the information and materials you bring. You grant us a limited license to use them for the sole purpose of delivering your engagement, including making the disclosures described in Section 8.
If you send us suggestions about our Services, we may use them without obligation or compensation to you. This does not give us any right to your confidential information.
We aim to keep the Site available, but we do not promise uninterrupted access. We may change, suspend, or discontinue parts of the Site at any time.
We rely on third parties including Stripe for payments, a scheduling provider, an email provider, and hosting and analytics providers. Their handling of your information is described in our Privacy Policy. Links to third party sites are provided for convenience, and we are not responsible for their content or practices.
You consent to receive notices, agreements, and disclosures from us electronically, at the email address you provide. You agree that an electronic acceptance, including ticking a checkbox at checkout, has the same effect as a handwritten signature. You may withdraw this consent for future communications by writing to us, though we may then be unable to provide the Services.
We may send you email about our work. Every marketing email includes an unsubscribe link. Transactional messages about an engagement you have purchased are not marketing and continue regardless.
EXCEPT FOR THE FOUNDER’S GUARANTEE™ IN SECTION 7, THE SERVICES AND THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, AND STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY INFORMATION IS COMPLETE OR CURRENT.
Some jurisdictions do not allow the exclusion of certain warranties. In those places the exclusions above apply only to the extent permitted, and you may have rights that these Terms cannot limit.
TO THE FULLEST EXTENT PERMITTED BY LAW, ELEVATED EXECUTIVE INC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND CONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST COMPENSATION, LOST OPPORTUNITY, LOST DATA, OR LOSS OF GOODWILL, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY.
OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO AN ENGAGEMENT WILL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID US FOR THAT ENGAGEMENT.
The Section 7 guarantee sits alongside this limit and is not cut down by it. A guarantee refund is a full refund of what you paid.
Nothing in these Terms limits liability for fraud, fraudulent misrepresentation, gross negligence, willful misconduct, or any liability that cannot lawfully be limited. Some jurisdictions do not allow certain limitations, and in those places these limits apply only to the extent permitted.
These limits are a fundamental basis of the bargain between us and reflect the price of the Services.
You agree to indemnify and hold harmless Elevated Executive Inc and its officers, directors, employees, and contractors from any third party claim, loss, liability, or expense, including reasonable legal fees, arising from:
We will notify you of any claim we seek indemnity for, and you may control the defense with counsel reasonably acceptable to us. You may not settle a claim in a way that imposes an obligation on us without our written consent.
Our Privacy Policy explains what personal information we collect, how we use it, who we share it with, and the rights you have over it. It forms part of these Terms. Please read it, particularly the section on introductions to recruiters, which is the disclosure most people want to understand before they buy.
If something goes wrong, write to john@elevatedexec.com describing the issue and what you want. Both parties agree to attempt in good faith to resolve any dispute informally for 30 days before starting a formal proceeding. Most problems end here.
If informal resolution fails, any dispute arising out of or relating to these Terms or the Services will be resolved by final and binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, before a single arbitrator, seated in Maricopa County, Arizona, or conducted remotely at your election. The Federal Arbitration Act governs this section. Judgment on the award may be entered in any court of competent jurisdiction.
Where you are a consumer, we will pay the arbitration filing, administration, and arbitrator fees that exceed what it would have cost you to file the same claim in court, unless the arbitrator finds the claim frivolous. Each party otherwise bears its own legal fees, except where a statute provides otherwise.
YOU AND ELEVATED EXECUTIVE INC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. IF THIS WAIVER IS FOUND UNENFORCEABLE AS TO A PARTICULAR CLAIM, THAT CLAIM ALONE PROCEEDS IN COURT AND THE REST OF THIS SECTION STILL APPLIES.
You may reject this arbitration agreement by emailing john@elevatedexec.com with the subject line Arbitration Opt-Out within 30 days of your first purchase, stating your name and the date of purchase. Opting out does not affect anything else in these Terms, and it will not affect your engagement or how we treat you.
Any claim must be brought within one year after it arises, or it is permanently barred, unless applicable law prohibits a shortened period.
These Terms and any dispute arising from them are governed by the laws of the State of Arizona, without regard to its conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
For any matter not subject to arbitration under Section 16, you and we consent to the exclusive jurisdiction and venue of the state and federal courts located in Maricopa County, Arizona, and waive any objection to that venue.
If you are a consumer resident in a jurisdiction whose law grants you rights that cannot be waived by contract, nothing here deprives you of those rights or of the protection of the mandatory provisions of your local law.
These Terms, together with the Refund Policy and the Privacy Policy, are the entire agreement between us about the Services, and supersede any prior discussion, proposal, or marketing statement, except that a signed written agreement for The Retained Executive™ controls over these Terms where the two conflict, and except as provided in Section 7 regarding published guarantees.
We may update these Terms. The version in force for your engagement is the version published on the day you purchased. A change never applies retroactively to an engagement already paid for. We keep dated prior versions and will provide one on request. Continued use of the Site after a change means you accept the updated Terms for future purchases.
If any provision is held unenforceable, it is modified to the minimum extent necessary or severed, and the rest remains in force. A failure to enforce a provision is not a waiver of it.
You may not assign these Terms or an engagement without our written consent, because the work is personal to you. We may assign these Terms to a successor in connection with a merger, acquisition, or sale of substantially all assets, on notice to you.
Neither party is liable for a delay or failure caused by events beyond its reasonable control, including natural disaster, war, civil unrest, epidemic, labor dispute, or failure of a utility or telecommunications provider. Where such an event prevents delivery, we will extend the engagement term or refund the undelivered portion, at your election.
Nothing here creates a partnership, joint venture, employment, or agency relationship. There are no third party beneficiaries to these Terms.
Notices to you may be sent to the email address on your account. Notices to us must be sent to john@elevatedexec.com and, for legal notices, also by mail to Elevated Executive Inc, 6895 East Camelback Road, Suite 3001, Scottsdale, Arizona 85251, United States.
Headings are for convenience only. “Including” means “including without limitation.” These Terms will not be construed against the drafting party.
Elevated Executive Inc, doing business as Elevated Exec
6895 East Camelback Road, Suite 3001
Scottsdale, Arizona 85251, United States
Email: john@elevatedexec.com
Telephone: +1 (312) 206-7205
Email is the fastest way to reach John, and it goes to him.
These are the Terms of Service for elevatedexec.com. Related documents: Privacy Policy and Refund Policy. Both form part of these Terms.
Questions about anything in this document go to john@elevatedexec.com. If a clause is unclear, ask before you buy. We would rather explain it now than argue about it later.
Built by a headhunter, not a coach.