Terms & Conditions
These Terms & Conditions were last updated March 1, 2018.
ESM Solutions, Inc. Slack Workspace
Terms and Conditions of Use
About our Terms of Service
The following terms and conditions govern all access to and use of the ESM Solutions, Inc Slack Workspace, including all content, services and products available at or through the Slackline Service.
The ESM Solutions, Inc. Slack Workspace is operated and managed by ESM Solutions, Inc. (“ESM”, “ESM Solutions”, “we”, “our” or “us”.) The ESM Solutions, Inc. Slack Workspace is offered subject to your acceptance of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Website (collectively, the “Agreement”).
Please read the Agreement carefully before accessing or using the ESM Solutions, Inc. Slack Workspace. By accessing or using any part of the ESM Solutions, Inc. Slack Workspace, you agree to become bound by the terms and conditions of the Agreement. If you do not agree to all the terms and conditions of the Agreement, then you may not access or use the ESM Solutions, Inc. Slack Workspace.
1. Description of the ESM Solutions, Inc. Slack Workspace
The ESM Solutions, Inc. Slack Workspace is a private, paid subscription channel for employers to share Workers' Compensation best practices, recommendations, tools and insights into managing Workers' Compensation programs. Our private channel facilitates authentic experience sharing, cross-industry networking, introductions and long-term professional relationships. Members include decision makers such as Risk Managers, HR Managers/Directors, Safety Managers, Operations Directors, Executive Directors, Workers’ Comp Administrators, and more.
Access to the ESM Solutions, Inc. Slack Workspace is permitted on an approved basis. ESM Solutions, Inc.reserves the right to discontinue use of a members’ account at any time without notice.
2. No association with Slack
The ESM Solutions, Inc. Slack Workspace and Slack Technologies Inc, the provider of the Slack communication service, (“Slack”) are different entities. There is no relationship between ESM Solutions, Inc.and Slack, other than ESM Solutions, Inc.operating a private, paid channel within Slack. General use of Slack services is governed by the Slack Terms of Service available on the website www.slack.com.
In order to use the ESM Solutions, Inc. Slack Workspace, you must be an employer working in the Workers Compensation space. You must also have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws. Representatives from Insurance Agencies, Insurance Carriers or Insurance Vendors are not able to attain access to the community at this time. The purpose of this community is to connect employers who share a similar role, which includes, but is not limited to, one of the following categories: Risk Managers, Executive Directors, Human Resource Managers/Directors, Operations Managers, Workers' Compensation administrators, Safety Coordinators/Managers/Directors, Controllers who manage their organization's Workers' Compensation.
4. Your ESM Solutions, Inc. Slack Workspace Account and Personal Data
To use the ESM Solutions, Inc. Slack Workspace, you must first create a Slack user account.
You may create a ESM Solutions, Inc. Slack Workspace Account in your personal capacity (in which case the terms “you” or “your” apply to yourself only) or on behalf of a company or other legal entity which you have the authority to bind (in which case the terms “you” or “your” shall refer to such entity and all permitted Members and Administrative Users (as defined in the Slack Terms of Service).
You may access and use the ESM Solutions, Inc. Slack Workspace via a paid subscription plan.
5.1. Purchase of Paid Subscriptions
To purchase a Paid Subscription to the ESM Solutions, Inc. Slack Workspace, you will be required to provide accurate information regarding your credit card or other payment instrument. You agree to our third party service providers, including Stripe, storing and using your payment card information for the purpose of processing the payment.
You agree to pay ESM Solutions, Inc.all amounts specified in the applicable subscription plan in accordance with the Agreement.
By providing your payment instrument details, you authorize ESM Solutions, Inc. or companies who work on ESM Solutions, Inc. behalf, such as payment processors, to bill your payment instrument in advance for the relevant subscription fee on the date you purchase a Paid Subscription to the ESM Solutions, Inc. Slack Workspace Service (the “Initial Billing Date”) and on each monthly or annual anniversary (as applicable, depending on your chosen subscription plan) of the Initial Billing Date (the “Subsequent Billing Date(s)”). The Initial Billing Date and any Subsequent Billing Dates are together referred to herein as the “Billing Date(s)”.
The relevant subscription fees:
shall be payable in the US dollars;
are, subject to clause 5.4, non-refundable
If, for any reason, we are unable to bill your payment instrument or process the payment of the relevant subscription fee within thirty (30) days of the Billing Date, and without prejudice to any of our other rights and remedies:
we may, without liability to you, disable your ESM Solutions, Inc. Slack Workspace Account and access to all or part of the ESM Solutions, Inc. Slack Workspace.We shall be under no obligation to provide any access to the ESM Solutions, Inc. Slack Workspace Account or content/files/materials available within the Slack Channel.
If you dispute any charges you must let ESM Solutions, Inc.know within twenty (20) days after the Billing Date.
We reserve the right to change our prices for the Paid Subscriptions in the future. Price changes for existing Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. If we do change prices, we will provide you with at least one month’s notice of the change on the Website and in an email to you. Your continued use of the ESM Solutions, Inc. Slack Workspace after the price change becomes effective constitutes your agreement to pay the new price.
5.2. Automatic Renewal
Your Paid Subscription will automatically renew at the end of every month or year (as applicable, depending on your chosen subscription plan) after the Billing Date, unless you cancel your Paid Subscription in accordance with clause 5.4.
5.3. Cancellation of Paid Subscription
You may cancel your Paid Subscription by clicking “cancel anytime”; enter your email address and click “yes, please cancel my subscription.” You may also contact us if you have any questions or need assistance. The cancellation will take effect the day after the last day of the current subscription period. You will not receive a refund for subscription fees paid to us.
Upon signing up, ESM Solutions, Inc.offers a two week trial of a Paid Subscription. ESM Solutions, Inc.will require you to provide your payment details to start the Trial. At the end of this Trial, we will automatically start to bill you for the Paid Subscription on the first day following the end of the Trial. By providing your payment details in conjunction with the Trial, you agree to this charge. If you do not want this charge, you must cancel, as noted in clause 5.3 above, before the end of the Trial.
ESM Solutions, Inc.reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and to withdraw or to modify a Trial at any time without prior notice and with no liability.
7. Intellectual Property
We are the owner or the licensee of all intellectual property rights in the ESM Solutions, Inc. Slack Workspace and in the material published on it. We grant you:
a limited, non-exclusive, revocable licence to make use of the ESM Solutions, Inc. Slack Workspace within the limits of the Paid Subscription level you have purchased; and
a limited, non-exclusive, revocable licence to make personal, non-commercial use of the Channel and the material published on it. These licences shall terminate when the Agreement terminates in accordance with clause 13.
The Agreement does not transfer any of ESM Solutions’ or any of ESM Solutions’ licensors’ intellectual property to you. Title to such intellectual property will remain solely with ESM Solutions, Inc.or ESM Solutions’ licensors (as applicable).
All ESM Solutions, Inc.trademarks, service marks, trade names, logos, domain names, and any other features of the ESM Solutions, Inc.brand are the sole property of ESM Solutions. Your use of the ESM Solutions, Inc. Slack Workspace grants you no right or license to reproduce or otherwise use any of ESM Solutions’ trademarks, service marks, trade names, logos, domain names or any other features of the ESM Solutions’ brand, whether for commercial or non-commercial use.
Messages sent by you from the ESM Solutions, Inc. Slack Workspace may contain proprietary and confidential information. By using the ESM Solutions, Inc. Slack Workspace you grant us the right to transmit Messages and otherwise use Messages for the purpose of providing the Slackline Services.
By subscribing to the ESM Solutions, Inc. Slack Workspace, you opt in to publication of Messages whereby you grant us the right to store, use, reproduce, make available to the public, publish, translate and distribute your Messages. You understand that no remuneration or compensation is or may become due to you in respect of such use. All such Messages will be considered non-confidential and non-proprietary.
You warrant that you are the creator of, or have the authority from the creator(s) of, all intellectual property rights in the Messages and that use of the Messages by us as contemplated by the Agreement does not violate the terms of the Agreement, applicable law, or the intellectual property rights of others.
You will be liable to us and indemnify us for any loss or damage suffered as a result of your breach of the warranties contained in this clause.
9. Third Party Sites
The ESM Solutions, Inc. Slack Workspace may contain links to other independent third-party websites (Third-party Sites). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
You shall not use the ESM Solutions, Inc. Slack Workspace for advertising or solicitation purposes. Advertising and solicitation within the ESM Solutions, Inc. Slack Workspace is strictly forbidden unless otherwise agreed in writing, and is grounds for immediate account termination.
We reserve the right to change the Agreement at any time for any reason. Any changes we may make to the Agreement in the future will be notified to you by posting an updated version of the Agreement on this page with an updated revision date and, where appropriate, by email. Your continued use of or access to the ESM Solutions, Inc. Slack Workspace following the notification of any changes to the Agreement constitutes acceptance of those changes.
ESM Solutions, Inc. may terminate the Agreement and suspend your access to all or any part of the ESM Solutions, Inc. Slack Workspace immediately by contacting you at your email address on record if:
you commit a breach of the Agreement, as determined by us in our discretion, or we suspect that may be the case; or
we consider termination necessary to protect the integrity or security of the systems used by us at any time.
If you wish to terminate the Agreement, you must cancel your ESM Solutions, Inc. Slack Workspace Account.
On termination of the Agreement by any party and for any reason, all rights granted to you under the Agreement shall cease and you must immediately cease all activities authorized by the Agreement.
13. Disclaimer of Warranties
To the maximum extent permitted by law, the ESM Solutions, Inc. Slack Workspace is provided “as is” and “as available”. ESM Solutions, Inc.hereby disclaim all warranties of any kind, whether express, implied, statutory or otherwise, including, without limitation, the warranties of merchantability and fitness for a particular purpose and non-infringement. ESM Solutions, Inc. does not warrant that the ESM Solutions, Inc. Slack Workspace will be complete, accurate, reliable, timely, secure, error free or that access thereto will be continuous or uninterrupted. You understand that you are using the ESM Solutions, Inc. Slack Workspace at your own discretion and risk.
We do not warrant, endorse, guarantee or assume responsibility for any Messages, or any other product or service discussed or offered by a third party on or through the ESM Solutions, Inc. Slack Workspace.
The provisions in this clause do not affect your statutory or mandatory rights which cannot be excluded by applicable law.
14. Limitation of Liability
In no event will ESM Solutions, Inc. be liable with respect to any subject matter of the Agreement under contract, negligence, strict liability or other legal or equitable claim for: (i) any indirect, special, incidental or consequential loss or damages; (ii) loss of profit, business, revenue, anticipated savings, business opportunity; (iii) the cost of procurement for substitute products or services; or (iv) the cost of interruption of use or loss or corruption of data.
ESM Solutions, Inc. shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
15. General Representation and Warranty
You represent and warrant that your use of the ESM Solutions, Inc. Slack Workspace will be in strict accordance with the Agreement. In particular, you represent and warrant that:
you will comply with the Slack Terms of Service at all times;
you will provide us with accurate information (where required);
you will not use the ESM Solutions, Inc. Slack Workspace in the event of an emergency;
you will not use the ESM Solutions, Inc. Slack Workspace in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the ESM Solutions, Inc. Slack Workspace;
you will not infringe our intellectual property rights or those of any third party in relation to your use of the ESM Solutions, Inc. Slack Workspace;
you will uphold a respectable code of conduct and not do any of the following in relation to your use of the ESM Solutions, Inc. Slack Workspace:
be obscene, offensive, hateful or inflammatory,
defame any person,
promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age,
promote any illegal activity,
promote sexually explicit material,
disclose the name, address, telephone number, e-mail address or any other personal data in respect of any individual without their consent,
harass, upset, embarrass, threaten, alarm or annoy any other person,
be likely to mislead or deceive any person,
impersonate any person, or misrepresent your identity or affiliation with any person,
contain any advertising or promote any services or web links to other sites;
Misrepresent yourself and/or your profession
you will not use the ESM Solutions, Inc. Slack Workspace in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
you will not collect or harvest any information or data from any content or our systems
You agree to indemnify and hold harmless ESM Solutions, Inc. and its respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the ESM Solutions, Inc. Slack Workspace, including but not limited to your violation of the Agreement.
17. Law and Jurisdiction
You agree that the laws of the state of California, without regard to conflicts of law provisions will govern these Terms and Condition of Use and any dispute that may arise between you and ESM Solutions, Inc. or its officers, directors, employees, agents or affiliates. Venue is exclusively proper in Sacramento, California. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
You agree that no joint venture, agency, partnership, or employment relationship exists between you and ESM Solutions, Inc. and/or Affiliates as a result of this Agreement or use of this Site.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Site or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Slack Channel within one (1) year from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
The Agreement constitutes the entire agreement between ESM Solutions, Inc. and you concerning the provision of the ESM Solutions, Inc. Slack Workspace.
The Agreement is between you and us and is not intended to grant rights, including the right to enforce any of its terms, to any other person. Any failure or delay by us to enforce the Agreement or any provision thereof shall not waive our right to do so.
We may transfer our rights and obligations under the Agreement to a third party, but this will not affect your rights under the Agreement.
Each of the terms and conditions of the Agreement operate separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect and will be construed as far as possible to give effect to the parties’ intentions as originally expressed in the Agreement.
If you have any questions, comments or requests regarding the Agreement, please email or write to:
ESM Solutions, Inc.
2377 Gold Meadow Way, Ste. 100
Gold River, CA, 95670