Site Activity Data
Each time you visit ES Sites, our web servers collect and log certain information. These access logs are kept for a reasonable period of time. These logs include but are not restricted to your machine’s TCP/IP address, your username (if applicable), date, time and files accessed. These logs also contain information about “referrer” information if you clicked on an external link that redirected you to a page within ES Sites.
Collection of Personal Information
By providing us your contact information in any form, or using ES Sites and Services, you consent to our collection, use and sharing of your personal information as described in this policy. Your personal information is collected only when you voluntarily provide it by joining our mailing list, creating a Free or Paid Subscription, purchasing a product or service, completing a survey, entering a contest or promotion, registering for a course or online or live event, communicating with us, or using interactive portions of ES Sites.
Use of Personal Information
If you are a Mailing List Member or a Subscriber, we use the information we collect from or about you in order to help deliver a first-class user experience. Our use of this information may include the following:
- To provide you with ES Sites and Services
- To respond to your inquiries and contact you about changes regarding ES Sites and Services
- To provide you with e-mail, fax and other notices (such as expiration and renewal notices) regarding your account and the products or services that you are receiving, and for billing and collection purposes
- To contact you for ES or its third-party sponsors’ promotional purposes
- To customize the Content you view, Tools you use and Assets you download
- To fulfill your requests for support
- To customize recommendations for you
- To conduct research
- To compile aggregate data for internal and external business purposes
- To prevent potentially illegal activities
- To protect your and our rights
- For other uses in accordance with our Terms and Conditions of Service and any other purpose disclosed to you at the time we collect the information
- When you register for an online or live event or survey, we will provide your registration information to the sponsor(s) of such event. We may also provide your information to sponsors of special sessions within the larger event.
Protection and Disclosure of Personal Information
The security of your Personal Information is very important to us and we use commercially acceptable means to maintain compliance with all regulatory laws governing its protection. Please remember that no method of transmission over the Internet or method of electronic storage is 100% secure, and no one can guarantee the absolute security of any information on the Internet.
We may provide your Personally Identifiable information to our sponsors and advertisers for marketing and/or analytical purposes. We may also provide your information to other third parties (and/or to their service providers on their behalf) to market their products or services under contractual requirement to keep Personally Identifiable Information confidential and use it only to market and provide their products or services. We may also disclose your Personally Identifiable Information:
- When we believe such disclosure is required by law, regulation or securities exchange requirement or for the protection of persons or property
- When disclosure is necessary to accomplish the purpose for which you provide it
- To third parties engaged to provide services under contractual requirement to keep Personally Identifiable Information confidential and use it only to perform ES Services
- To any successor pursuant to an asset sale, merger, consolidation, restructuring, reorganization, liquidation or other similar transaction involving ES or its Sites
Modification of Personal Information
If you are an ES subscriber you can modify your personal information or delete your account at any time by logging in and visiting your account profile page here. If you are not an ES subscriber you can request modification or deletion of your personal information by contacting us here.
Those who engage in transactions with ES ; by purchasing ES services or products, are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, ES collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with ES . When transacting on ES Sites, our e-commerce provider handles your personal information and keeps it safe and secure, and we cannot access your credit card or payment information. For e-commerce transactions, ES does not disclose personally identifying information other than as described herein. And visitors can always refuse to supply personally identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.
Opting Out of Future Communications
You may opt out of any future ES communications at any time by selecting the Unsubscribe link at the bottom of any of our email communications.
- Except as explicitly stated otherwise, all notices permitted or required under these Terms and Conditions of Service shall be by email, to us at email@example.com, and to you at the email address you provide ES during the subscription process, or to such other address as either of us shall specify in writing as our addresses for notice. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Evidence of successful transmission shall be retained.
Terms and Conditions
These Terms of Service may be modified from time to time without notice.
These Terms of Service supersede any prior Terms of Service. The current version applies to your use of the Sites and Services both now and previously.
- ES provides a limited, nontransferable, nonexclusive, revocable license to create an Account and login credentials to post, comment and access any Free or Paid products and services you have registered for and purchased upon initial registration to the Sites and Services. You are responsible for maintaining the confidentiality of these credentials, and for any and all activities that occur under them. You agree to notify ES immediately of any unauthorized use of the login credentials or any other breach of security you become aware of by contacting us here.
- ES grants Members use of the content on its Sites for lawful purposes. You agree to comply with all local, state, national and international laws, including copyright laws. The use of the ES Sites or Services for any criminal or illegal activities is strictly forbidden, and ES will take legal action against violations of this policy.
- By subscribing, you hereby agree to access and use the Services for their intended purposes, and not for any other purpose or to alter the content and/or Services in any way, including, but not limited to, removing or deleting any copyright notices. You agree to comply with all local, state, national and international laws, including copyright laws.
- This license does not include the right to collect or use information contained on the ES Sites or Services for purposes prohibited by ES, to compete with ES or create derivative works based on any and all content obtained through the Services.
- You may not license, share with or sell to any 3rd party any content, information, documents, graphics or other materials or content obtained through your use of the Services, in whole or in part, for commercial or non-commercial purposes outside of your organization.
- Your access to or purchase of any of ES’s Sites and Services is limited to your sole use only. Resale or use of ES’s Sites and Services to seek financial gain from providing ES’s Sites and Services content to any third party, without the express prior written consent of ES, is strictly prohibited. By using ES’s Sites and Services, you acknowledge and agree that portions of the content may be provided to you by third-party licensors, and you hereby agree to adhere to and comply with any such third-party’s license(s) and to refrain from violating any such licensor’s intellectual property rights.
- At any time, ES may add or enable features such as forums, blogs, rating systems or others that may enable Subscribers to post content to its Sites. When you post to the Sites, you understand and agree that this may be viewed and used by other visitors to the Sites. ES does not condone, and will not allow the publishing of explicit, unlawful or offensive content.
- By subscribing, you hereby certify that any content you post to the Sites is original and that no other person or entity holds copyright to that content. You further agree to grant ES a non-exclusive, perpetual, irrevocable, unrestricted, transferable, fully sub-licensable, worldwide, royalty-free license to use, distribute, display, reproduce, perform, modify, adapt, publish, translate and create derivative works from any content you post in any form, media or technology, whether now-known or hereafter developed.
Third Party Advertisements
Links to Third Party Sites
- You acknowledge and agree that ES reserves all intellectual and look and feel and copyrights to the layout, design, concept, content and organization of the ES Sites and Services.
- You acknowledge and agree that ES is the sole owner of all right, title and interest in the Services, the Sites, and all look and feel and content copyrights, patents, trademarks and other intellectual property rights therein.
- You acknowledge and agree that any use of the ES Sites, Services, technology, content, and/or look and feel and content copyrights, patents, trademarks or other intellectual property rights, other than as described in this Agreement is strictly prohibited.
- You acknowledge and agree that the distribution of any ES Services, technology, look and feel or content copyrights, or other intellectual property obtained through the ES Sites to any third party not affiliated with your organization or company without the express written consent of ES is strictly prohibited. In addition, you agree not to copy the layout, design, concept and organization of the Sites or Services at any time.
- You agree not to use any of ES’s trade names, branding, service marks or any other trade insignia without ES’s prior written consent.
- You acknowledge and agree that ES, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of ES Sites or Services for any reason at any time. Such termination will result in the deactivation or deletion of your Account or your access to same, and the forfeiture and relinquishment of all content or data in it. ES reserves the right to refuse service to anyone for any reason at any time.
- Access to ES Sites and Services is provided “as-is”, “with all faults” and “as available”.
- ES does not guarantee the accuracy or timeliness of information available from the Sites and Services.
- ES makes no warranty that the Sites and Services will meet your requirements.
- No advice or information, whether oral or written, obtained by you through the Sites or Services shall create any warranty whatsoever, whether implied or otherwise.
- Technical support is only available by contacting us here.
Limitation of Liability
- You agree that in no event shall ES, its officers, directors, employees, vendors, advertisers or agents be liable to you in any manner whatsoever for indirect, special, incidental, punitive or consequential damages arising out of your use of the Sites or Services provided by ES, including but not limited to loss of data, profits or revenue.
- Your sole and exclusive remedy with respect to the use of the Sites or any Services provided by ES shall be cancellation of your Account and/or subscription to the Sites and Services.
- As a Subscriber, you agree to indemnify and hold harmless ES, its officers, directors, employees, vendors, advertisers and agents against any and all liability, claims, suits, losses, costs and legal fees caused by, arising out of, or resulting from any breach of your covenants under this Agreement or your use of the Sites or Services.
- The failure of ES to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service constitute the entire agreement between you and ES and govern your use of the Sites and Services, superseding any prior agreements between you and ES (including, but not limited to, any prior versions of the Terms of Service).
Applicable Law and Jurisdiction
- These Terms of Service shall be governed by and interpreted in accordance with the laws of the State of California, United States.
- Except as explicitly stated otherwise, all notices permitted or required under these Terms of Service shall be by email, to us at firstname.lastname@example.org, and to you at the email address you provide ES during the subscription process, or to such other address as either of us shall specify in writing as our addresses for notice. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Evidence of successful transmission shall be retained.
- ES may modify these Terms of Service at its sole discretion by posting modifications on its websites. Your continued use of the Sites and Services after notices of modification constitutes your acceptance of the modifications. If you do not agree to the modifications, you should close your Account and cancel your subscription to the Sites and Services.