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-party 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.