Legal

Terms of Use

Welcome to the ESM Software Group, Inc. ("ESM Software" or "ESM") Web site ("our Site"). Please read this Agreement carefully, because by visiting or using our Site, you agree to be legally bound by and comply with its Terms of Use (“terms”). If you do not agree to comply with the Agreement, you are not authorized to use our Site. Areas of the Site may have different terms of use posted. If there is a conflict between the Terms of Use and the terms of use posted for the specific area of the Site, the latter shall have precedence with respect to your use of that area of the Site.

ESM Software Group, Inc. ("we" or "us") amended this Agreement as of March 1st, 2017. 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.

ESM Software Group, Inc. Privacy Statement, effective as of March 1, 2017

ESM Software Group, Inc. and its subsidiaries ("ESM Software" or "we") are committed to protecting the privacy of the personally-identifiable information (“Personal Information”) that we collect from you as you visit www.esmgrp.com (“Website”) or use/license esm+strategy®, esm+perform®, ESM FastTrack® or the ESM® (“Software”).  

Personal Information Collected and Why

Contact Information and User Registration

ESM Software collects contact information on certain areas of the Website when users register, request publications, or subscribe to e-mail lists. We do so to send you requested information, to contact you with other relevant service or product information, news or promotions. Contact information may include but is not limited to a unique access ID, company or school affiliations, titles, and contact information, such as names, mailing addresses, e-mail addresses, and telephone and fax numbers. ESM Software will also collect contact information for users of the Software when new profiles are created.

IP addresses

ESM Software may use your IP address to help diagnose problems with our servers, to administer our website, or to gather broad demographic information.

Cookies and Web beacons

ESM Software may use cookies to enhance your user experience and deliver personalized content. Cookies help us to deliver information specific to your interests and to save you having to re-enter your information each time you visit the Website. Cookies also allow us to better analyze our Website traffic patterns so that we can improve the services and information we provide on the Website. We do not follow your browsing path outside of the Website.

ESM Software may also use web beacons, which are clear electronic images that can recognize certain types of information on your computer, such as cookies, when you viewed a website tied to the web beacon, and a description of a website tied to the web beacon.

E-mail addresses

If ESM Software is provided with an email address, ESM Software may contact you using the same. ESM Software will not share your e-mail address with others outside ESM Software and our trusted partners.

You may choose not to receive e-mails at any time. For more details, see the Opt-out section below.

Demographic and user profile data

ESM Software may use demographic or user profile data we collect to tailor your Website experience, showcase content that we think may interest you, and display information that matches your preferences. This data also gives us an insight into your needs and interests.

Software

Typical data included in ESM reflects strategic elements such as objectives, measures, initiatives the client is managing to help execute strategy. Detailed fields such as definitions, owners, charts, data tables are usually captured within each element. Personally, identifiable information as related to HIPPA is typically not found in ESM.

Security

ESM Software uses robust security measures to protect any personal information from unauthorized access, maintain data accuracy, and help ensure the appropriate use of said information. ESM Software hosts its website in a secure server environment that uses firewalls and other advanced technology to prevent interference or access from outside intruders. ESM Software also offers enhanced security features within its Services that permit Customers to configure security settings to the level they deem necessary.

All information collected via ESM is stored in a separate and secure data storage center. This personal information will be destroyed upon written instruction from a client.

ESM Software clients are responsible for maintaining the security and confidentiality of their ESM Software usernames and passwords.

Links to other sites

The Website contains links to other sites. ESM Software is not responsible for the privacy practices or the content of these sites. Please refer to the policies of the respective site(s) as we encourage you to review and understand the privacy policies before providing any information to them.

Third Party Disclosure

ESM Software shall not intentionally disclose (and shall take commercially reasonable steps to prevent the accidental disclosure of) your Personal Information to third parties (i.e., persons or entities that are not affiliates of ESM Software), whether for such third parties' marketing purposes or otherwise, subject only to the following five exceptions:

  1. ESM Software may disclose your Personal Information to third parties as required or permitted by the laws, rules, and regulations of any nation, state, or another applicable jurisdiction;
  2. ESM Software may disclose your Personal Information to third parties who deliver information from us to you for performing such delivery;
  3. ESM Software may disclose your Personal Information if, about submitting the information, you consent to such disclosure;
  4. ESM Software may disclose contact information for you in response to inquiries by bona-fide rights owners about allegations of infringement of copyright or other proprietary rights arising from information you have posted on the website or otherwise provided to ESM Software;
  5. If ESM Software and/or any of its affiliates merges with or sells substantially all its assets or most its equity to a third party, information collected by ESM Software or such affiliates on the Website may be disclosed to and owned by the merged entity or third party.

International Transfer of Information

Personally-identifiable information collected on the website may be transferred from time to time to ESM Software offices located throughout the world, including offices located outside the European Economic Area (EEA), and the Site may be viewed and hosted anywhere in the world, including countries (such as the United States) that may not have laws regulating the use and transfer of personally-identifiable data. By using the Site and submitting such information on it, you voluntarily consent to such trans-border transfer and hosting of such information.

Opt-Out

You may opt-out of receiving communications from ESM Software at any time that you wish. If you wish to be removed from the Website registration database, you may click the “unsubscribe” link at the bottom of any email, complete the Contact Us form available on the website noting your request to be unsubscribed in the comments field, or e-mail or write to the webmaster at the address below with the request to be “unsubscribed.”

Your Consent and Our Revisions

By using this website and/or the Software, you consent to the collection and use of the information as described here. If ESM Software amends this Privacy Policy, we will post the changes on this page so that you always will know what information we collect, how we use it, and when and how we will disclose it.

Questions

If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, feel free to contact:

ESM Software Group, Inc.

55 Old Bedford Road

Suite 107

Lincoln, Ma 01773

 

 

Disclaimers

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 Group 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 Group 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 Group 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 Group Inc., reserves the right to make changes or updates to the site at any time without notice.

Privacy Policy

ESM Software Group is concerned about your privacy and has developed a policy to address privacy concerns. Please review our privacy policy, which is a part of this Agreement and describes how we handle any personally identifying information about our users.

Copyright

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 Group, Inc.

55 Old Bedford Road

Suite 107

Lincoln, MA 01773

                               

Trademarks

"ESM Software Group, Inc”, “esm+strategy”, “esm+perform”, “ESM FastTrack”, " the "ESM Software Group 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 Group, Inc. 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 Group 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.

Indemnity

You agree to defend, indemnify and hold harmless ESM Software Group, 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 Group 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 Group 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 Group 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 Group 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 Group, 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.

Termination

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.

Governing Law

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.

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