LEGAL TERMS AND DISCLAIMERS
ESM Software, LLC. ("we" or "us") amended this Agreement as of May 22nd, 2020. We may modify it again in the future by posting the amended Agreement on Our Sites, so please check this page regularly. Your continued use of our Site after we have posted an amended Agreement indicates that you agree to the amended terms.
If you fail to follow any rules on our Site, whether listed in this Agreement or at other areas on our Site, we may terminate your access, without notice, to chat rooms, forums, bulletin boards and other "members only" areas of our Site and may pursue other remedies available to us.
Except where expressly provided otherwise, the site, and all content, materials, information, software, products and services provided on the site, are provided on an "as is" and "as available" basis. ESM Software, LLC., expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a purpose and non-infringement. ESM Software, LLC., makes no warranty that: (a) the site will meet your requirements; (b) the site will be available on an uninterrupted, timely, secure, or error-free basis; (c) the results that may be obtained from the use of the site or any services offered through the site will be accurate or reliable; or (d) the quality of any products, services, information, or other material purchased or obtained by you through the site will meet your expectations.
Any content, materials, information or software downloaded or otherwise obtained using the site is done at your own discretion and risk. ESM Software, LLC., shall have no responsibility for any damage to your computer system or loss of data that results from the download of any content, materials, information or software.
ESM Software, LLC., reserves the right to make changes or updates to the site at any time without notice.
All material on our Site is protected by United States and international copyright law. You must abide by all copyright notices and restrictions contained in our Sites.
You may not reproduce, distribute (in any form including over any local area or other network or service), display, perform, create derivative works of, sell, license, extract for use in a database, or otherwise use any materials (including computer programs and other code) on our Site ("Site Material"), except that you may download Site Material in the form of one machine readable copy that you will use only for personal, noncommercial purposes and only if you do not alter Site Material or remove any trademark, copyright or other notice displayed on the Site Material. If you are a subscriber to any of the services offered on our Site, you may be permitted to use Site Material, per the terms of your subscription agreement.
If you believe any Site Material infringes your copyright, you should notify the agent we have designated with the Office of Marketing:
ESM Software, LLC.
55 Old Bedford Road
Lincoln, MA 01773
"ESM Software, LLC.”, “esm+strategy”, “esm+perform”, esm+cyber®, esm+okr®, “ESM FastTrack”, " the "ESM Software, LLC., logo", "Executing Strategy," "Managing Tomorrow’s Performance Today", "Balanced Scorecard Collaborative", "Executive Strategy Manager", "ESM" and other logos, indicia and trademarks featured on our Site are trademarks owned by ESM Software, LLC., in the United States and other countries ("Our Trademarks").
You may not use Our Trademarks about any product or service that does not belong to us nor in any manner that is likely to cause confusion among users about whether we are the source, sponsor, or endorser of the product or service, nor in any manner that disparages or discredits us.
Limitation of Liability
In no event, shall ESM Software, LLC., be liable for any direct, indirect, incidental, special or consequential damages, or damages for loss of profits, revenue, data or use, incurred by you or any third party, whether in an action in contract or tort, arising from your access to, or use of, the site. Some jurisdictions do not allow the limitation or exclusion of liability. accordingly, some of the above limitations may not apply to you.
You agree to defend, indemnify and hold harmless ESM Software, LLC., its officers, directors, employees and agents from and against all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Site.
Third Party Web Sites, Content, Products and Services
The Site provides links to Web sites and access to content, products and services from third parties, including users, advertisers, affiliates and sponsors of the Site. You agree that ESM Software, LLC., is not responsible for the availability of, and content provided on, third party Web sites. You should refer to the policies posted by other Web sites regarding privacy and other topics before you use them. You agree that ESM Software, LLC., is not responsible for third party content accessible through the Site, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that ESM Software, LLC., is not responsible for: (a) the quality of third party products or services; and (b) fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services. You agree that ESM Software, LLC., is not responsible for any loss or damage of any sort you may incur from dealing with any third party.
Links, Frames and Metatags
You may link to the public pages of our Site, if the link does not cast us in a false or misleading light. You may not link to the other pages of our Site. You may not frame the content of our Site. You may not use metatags or any other "hidden text" that incorporates Our Trademarks or our name without our express written consent.
Links to Other Web Sites
Our Site contain links to other Web sites that we think may be of interest to you. We have no control over these other sites or their content. Except for information, products or services clearly identified as being supplied by ESM Software, LLC., we do not in any way review, operate, or control any material, information, products or services on other sites. Because we are not responsible for the availability of these outside resources or their content, you should direct any concerns regarding any other sites to the administrator or webmaster of that site.
We reserve the right to terminate this Agreement at any time without notice for any reason, including your violation of any of the Agreement provisions. If the Agreement is terminated, the following provisions will survive: Limitation of Liability, Disclaimer, Indemnification, Governing Law, and Forum Selection.
This Agreement and any claim or dispute relating to it will be governed by the laws of the State of Massachusetts applicable to contracts made and performed there without regard to its conflicts of law principles. For website comments and questions, please click here to contact us.