The following notices govern access to and use of this website. They are stated in
full and apply at all times.
Section I
Informational Only
This website is informational only. It is not (a) an offer or proposal by Executive
Services Risk Management LLC ("ESRM") to provide services on any particular terms,
(b) a solicitation of any investment, or (c) regulated investment advice, securities
advice, legal advice, accounting advice, tax advice, or any other regulated
professional advice. ESRM is not a law firm, accounting firm, broker-dealer,
investment adviser, appraiser, fiduciary, or title company, and does not provide
services requiring professional licensure.
References on this website to ESRM's coordination with licensed practitioners describe
the firm's operational integration with independently licensed professionals. Such
references do not constitute (a) an undertaking by ESRM to provide regulated services,
(b) a representation that ESRM supervises or directs the licensed practitioners, or
(c) the formation of any attorney-client, accountant-client, or other professional
relationship with ESRM. Each licensed practitioner is engaged directly by the client
and is independently responsible for the services the practitioner provides.
Section II
No Warranty; Internal Benchmarks
No description, characterization, or statement on this website is a warranty,
guarantee, contractual commitment, or performance standard. All references to
methodology elements, frameworks, processes, analytical approaches, response times,
and deliverable composition describe ESRM's general internal practices and are
Internal Benchmarks, not warranties of accuracy or guarantees of future performance.
ESRM reserves the right to amend, update, or supersede this website at any time
without notice. Past performance of ESRM's methodology in prior engagements does not
guarantee future results in any current or prospective engagement.
Section III
Governing Documentation
The specific scope, fees, conditions, deliverables, timelines, dispute resolution
procedures, limitations of liability, indemnification obligations, and other rights
and obligations of any engagement with ESRM are governed exclusively by: (a) a
written Engagement Letter executed by ESRM and the client; and (b) the ESRM
Disclaimer, Limitations of Engagement, and Preventative Measures, which is
incorporated by reference into the Engagement Letter. In any conflict between this
website and those governing documents, those governing documents control.
Section IV
Entity-Only Operational Posture
ESRM's obligations under any engagement are obligations of the firm, not of any
individual. No individual member, manager, officer, employee, or agent of ESRM is a
party to any engagement or has personal liability or owes any individual duty of
care. The client's exclusive remedy for any deficiency in ESRM's services lies
against ESRM the entity, subject to the limitations set forth in the Engagement
Letter and the Disclaimer.
Section IV-A
Licensed-Practitioner Coordination
ESRM maintains a panel of pre-vetted licensed practitioners across the disciplines
that intersect with the firm's analytical work, including legal, accounting, tax, and
fiduciary disciplines. Practitioners on the panel are independently licensed in their
respective jurisdictions and exercise independent professional judgment within the
scope of their licensure.
Where an ESRM engagement identifies the need for licensed execution, ESRM identifies
panel practitioners qualified to address the matter. The client selects the
practitioner. The client engages the practitioner directly under a separate written
engagement letter executed between the client and the practitioner. The practitioner
invoices the client directly for the practitioner's services. ESRM does not collect,
hold, or remit practitioner fees, does not receive any portion of practitioner fees,
and does not share fees with any panel practitioner.
Each panel practitioner is independently responsible for the professional services
the practitioner provides to the client. Each panel practitioner owes the client the
professional duties applicable to the practitioner's licensure and discipline. ESRM
is not responsible for, and does not provide, the regulated services rendered by any
panel practitioner. The client's recourse for any deficiency in regulated services
provided by a panel practitioner lies against the practitioner and is governed by the
engagement letter executed between the client and the practitioner.
Nothing in ESRM's description of its coordination with licensed practitioners
constitutes the grant of apparent or actual authority for any practitioner to bind,
represent, or speak for ESRM, nor for ESRM to bind, represent, or speak for any
practitioner.
Section V
Trade Secrets
The content of this website, including without limitation all descriptions of ESRM's
analytical framework, processes, and methodology, constitutes confidential and
proprietary information of ESRM, including trade secrets protected under the Texas
Uniform Trade Secrets Act, Tex. Civ. Prac. & Rem. Code § 134A.001 et seq.,
and the Defend Trade Secrets Act of 2016, 18 U.S.C. § 1836. Unauthorized
reproduction, distribution, or use is prohibited.
This website is deliberately calibrated to omit ESRM's trade-secret protected work
product. The specific composition of ESRM's models, the architecture and sequencing
of its cognitive layer, the logic governing model selection, the parameters and
weighting schemes that calibrate its outputs, and the operational workflow through
which engagements are executed are not described on this website and are disclosed
only under executed confidentiality protections.
Service descriptions on this website are general descriptions of ESRM's service
categories. Specific scope, deliverables, methodologies, parameters, and operational
workflows associated with any service are not described on this website and are
disclosed only under executed confidentiality protections.
Section VI
Governing Law and Venue
This website and any inquiries submitted through it are governed by the laws of the
State of Texas, without regard to its conflict-of-laws principles. Exclusive venue
for any dispute arising out of or relating to this website or any inquiry submitted
through it lies in the state and federal courts located in Harris County, Texas.
Section VII
Privacy
Personal data submitted through the inquiry form is encrypted in transit using
current industry-standard protocols (presently TLS 1.3) and is encrypted at rest.
Such data is retained only for the period necessary to evaluate and respond to the
inquiry and to comply with applicable record-retention obligations. ESRM does not
sell, rent, or share personal data with any third party except as required by law,
in connection with ESRM's evaluation of the inquiry, or pursuant to a binding
service-provider arrangement under which the recipient is bound by confidentiality
and data-protection obligations substantially equivalent to ESRM's own.
In the event of any unauthorized acquisition of personal data that triggers
notification obligations under Tex. Bus. & Com. Code § 521.053, the Texas Data
Privacy and Security Act, Tex. Bus. & Com. Code § 541.001 et seq., or
any other applicable statute, ESRM will provide notification within the timelines
required by such statutes.
ESRM does not knowingly collect personal data from minors. Inquiries submitted
through the form are presumed to be from authorized adults acting on behalf of
qualified commercial entities.
Section VIII
Contact
Questions regarding these Legal Notices may be directed to ESRM through the contact
form. ESRM ordinarily responds to legitimate inquiries regarding its legal posture within five
business days.
