Terms Of Use

Terms of Use

 

Considea Consulting and its affiliates (“Considea” or “we”) provides its content on consideaconsulting.com (the “Site”) subject to the following terms and conditions (the “Terms”). We may periodically change the Terms, so please check back from time to time. These Terms were last updated on August 15, 2011. By accessing and using this Site, you agree to these Terms.

1. copyrights

 

All content and functionality on the Site, including text, graphics, logos, icons, and images and the selection and arrangement thereof, is the exclusive property of Considea or its licensors and is protected by U.S. and international copyright laws. All rights not expressly granted are reserved.

2. Trademarks

 

The trademarks, service marks and logos (the “Trademarks”) used and displayed on this Site are registered and unregistered Trademarks of Considea. Other trademarks, service marks and trade names may be owned by others. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark or any other Considea intellectual property displayed on this Site. Considea aggressively enforces its intellectual property rights to the fullest extent of the law. The name Considea and any other Trademarks shall not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior written permission from Considea. Considea also prohibits use of Considea and any other Trademarks as part of a link to or from any site unless establishment of such a link is approved in advance by Considea in writing.

3. Copyrights and use of site content

 

The copyright in all materials provided on this Site is held by Considea or by the original creator of the material. Except as stated herein, none of the materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Considea or the copyright owner. Permission is granted to download one copy of the materials on this Site on a single computer for your personal or internal business use only provided that you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates immediately if you breach this Agreement. You may not “mirror” any material contained on this Site without Considea’s express written permission. Any unauthorized use of the materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and/or communications regulations and statutes. All content and functionality on this Site, including text, graphics, logos, icons, and images and the selection and arrangement thereof, are the exclusive property of Considea or its licensors and is protected by U.S. and international copyright laws. All rights not expressly granted are reserved.

 

  •         © 2008-2011 Considea Consulting Inc.
  •         3450 Sacramento Street, Suite #208
  •         San Francisco, CA 94118
  •         hting@consideaconsulting.com
  •        Telephone: 415.504.3490
  •        Facsimile: 415.504.3492
  •       All rights reserved.
4. User postings

 

You acknowledge and agree that Considea shall own and have the unrestricted right to use, publish, and otherwise exploit any and all information that you post or otherwise publish on the Site in postings, survey responses, and otherwise, and you hereby waive any claims against Considea for any alleged or actual infringements of any rights of privacy or publicity, moral rights, or rights of attribution in connection with Considea’s use and publication of such submissions. You covenant that you shall not post or otherwise publish on the Site any materials that (a) are threatening, libelous, defamatory, or obscene; (b) would constitute, or that encourage conduct that would constitute, a criminal offense, give rise to civil liability, or otherwise violate law; (c) infringe the intellectual property, privacy, or other rights of any third parties; (d) contain a computer virus or other destructive element; (e) contain advertising; or (f) constitute or contain false or misleading statements. Considea does not and cannot review all information posted to the Site by users and is not responsible for such information. However, Considea reserves the right to refuse to post and the right to remove any information, in whole or in part, for any reason or for no reason.

5. Infringement notices and takedown

 

Considea prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this Site infringes your copyright or other intellectual property rights, you should notify Considea of your copyright infringement claim in accordance with the following procedure. Considea will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”). The DMCA requires that notifications of claimed copyright infringement should be sent to this Site’s Designated Agent who is:

 

  •     Howard H. Ting
  •     Managing Partner
  •    Considea Consulting, Inc.
  •    3450 Sacramento Street, Suite #208
  •    San Francisco, CA 94118
  •    hting@consideaconsulting.com
  •    Telephone: 415.504.3490
  •    Facsimile: 415.504.3492 

 

To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):

1. Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

6. Disclaimers

 

The content and functionality on the site is provided with the understanding that considea is not herein engaged in rendering professional advice and services to you. all content and functionality on the site is provided “as is,” without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose. Considea and its third-party content providers make no warranties, express or implied, as to the ownership, accuracy, or adequacy of the site content. Considea shall have no liability or responsibility for any information published on linked web sites, contained in any user submissions published on the site, or provided by third parties. Neither Considea nor its third-party content providers shall be liable for any indirect, incidental, consequential, or punitive damages or for lost revenues or profits, whether or not advised of the possibility of such damages or losses and regardless of the theory of liability.

7. Third-parry web sites

 

We may provide links to third-party Web sites, and some of the content appearing to be on this Site is in fact supplied by third parties, for example, in instances of framing of third-party web sites or incorporation through framesets of content supplied by third-party servers. Considea has no responsibility for these third-party Web sites, which are governed by the Terms of Use and privacy policies, if any, of the applicable third-party content providers.

Enforcement of terms and conditions

 

This Agreement is governed and interpreted pursuant to the laws of the State of California, United States of America, notwithstanding any principles of conflicts of law. You expressly agree that exclusive jurisdiction resides in the courts of the State of California. You further agree and expressly consent to the exercise of personal jurisdiction in the State of California in connection with any dispute or claim involving Considea. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

Entire agreement

 

This Agreement constitutes the entire agreement between you and Considea with respect to the subject matter of this Agreement and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding that subject matter. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Considea.