|
Home
Case Study
Visitor Reception
President's Office
Seminar Center
Quality Center
File Room
Library
Free Pilot
Conference Room
 |
|
Terms of Use
|
Welcome to
the website of Orient Point Consulting LLC ("Orient
Point Consulting").
On this website,
Orient Point Consulting makes available to you a wide range of information, software,
products, downloads, documents, communications, files, text, graphics,
publications, content, tools, forums, resources, and services.
PLEASE
READ THE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By accessing and
using this website in any way, including, without limitation, browsing the
website, using any information, using any content, using any services,
downloading any materials, and/or placing an order for products or services, you
agree to and are bound by the terms of use described in this document ("Terms of
Use"). IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THE
TERMS OF USE, DO NOT USE THIS WEBSITE IN ANY MANNER. The Terms of Use are
entered into by and between Orient Point Consulting and you. If you are using the website on
behalf of your employer, you represent that you are authorized to accept these
Terms of Use on your employer's behalf.
Orient
Point Consulting
reserves the right, at its sole discretion, to change, modify, update,
add, or remove portions of the Terms of Use at any time without notice to you.
Please check these Terms of Use for changes. Your continued use of this website
following the posting of changes to the Terms of Use will mean you accept those
changes.
Use of Materials
All
materials contained in the website are the copyrighted property of Orient Point
Consulting,
its subsidiaries, affiliated companies and/or third-party licensors. All
trademarks, service marks, and trade names are proprietary to Orient Point
Consulting or its
subsidiaries or affiliated companies and/or third-part licensors.
Trademarks
AIM-Activity Information Modeling and AIM-Activity Information Models are registered trademark of Gary Meyer.
Microsoft, MS-DOS, Windows, Windows
95, Windows 98, Windows NT, Windows 2000, WindowsXP, Access and Excel are registered
trademarks of Microsoft Corporation.
WebEx is the registered trademark of WebEx Communications, Inc.
ProfilePC and ProfileExcel are
registered trademarks of Applied Computer Services, Corp.
Lotus, Lotus Notes and Domino are
registered trademarks of Lotus Development Corporation.
Acrobat and Portable Document
Format (PDF) are registered trademarks of Adobe Systems Incorporated.
All other products or services
mentioned in this document are trademarks or registered trademarks or service
marks of their respective holders.
Orient Point Consulting disclaims any responsibility for specifying which marks
are owned
by which holders.
Use of This Material
Unless otherwise specified, the materials and services on this website are for
your personal and non-commercial use. We encourage you to share materials and
information with people you work with but you must acknowledge Orient Point
Consulting as the owner.
You may not modify these
materials. You may not display or reproduce these materials for commercial
purposes. You may not publish, license, create derivative works from, transfer,
or sell any information, software, products or services obtained from the
website without the written permission from Orient Point Consulting.
Privacy Promise
We respect your right
and desire for privacy. We promise we will not release any information about you
to anyone. We take all reasonable and prudent measures to safeguard your
information during and after your visit. Your visits and your communications
with us are treated as highly confidential.
Use of Software on the
Website
Any software that is made available
to download from the website is the copyrighted work of Orient
Point Consulting and/or its suppliers. Use of the Software is governed by the
terms of the end user license agreement, if any, which accompanies or is
included with the Software ("License Agreement"), or as expressly stated on the
website pages accompanying the software. An end user will be unable to download
or install any Software that is accompanied by or includes a License Agreement,
unless he or she first agrees to the License Agreement terms.
The
Software is made available for download solely for use by end users according to
the License Agreement. Any use, reproduction or redistribution of the Software
not in accordance with the License Agreement is expressly prohibited by law, and
may result in severe civil and criminal penalties. Violators will be prosecuted
to the maximum extent possible. Absent a License Agreement that accompanies the
Software, use of the Software will be governed by the Terms of Use.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE
SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR
REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR
REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH
SOFTWARE.
THE
SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE
AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, ORIENT POINT CONSULTING HEREBY
DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING
ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR
STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR
CONVENIENCE, ORIENT POINT CONSULTING MAY MAKE AVAILABLE AS PART OF THE SERVICES
OR IN ITS MATERIALS OR SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR
DOWNLOAD. ORIENT POINT CONSULTING DOES NOT MAKE ANY ASSURANCES WITH REGARD TO
THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH
TOOLS AND UTILITIES. YOU SHALL RESPECT THE INTELLECTUAL PROPERTY
RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE
SERVICES OR IN ORIENT POINT CONSULTING SOFTWARE PRODUCTS.
RESTRICTED
RIGHTS LEGEND
Any Software which is downloaded from the website for or on
behalf of the United
States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with
Restricted Rights. Use, duplication, or disclosure by the U.S. Government is
subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in
Technical Data and Computer Software clause at DFARS 252.227-7013 or
subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted
Rights at 48 CFR 52.227-19, as applicable.
Spam and
E-mail
You agree
that Orient Point Consulting would be irreparably harmed by the use, by you or others, of the
website or facilities in connection with the transmission of spam, newsgroup
postings or unsolicited e-mail in violation of these Terms of Use, and that
Orient Point Consulting is entitled to obtain injunctive relief against any such transmission
(in addition to all other remedies available at law or in equity). Orient Point
Consulting
reserves the right to block, filter or delete unsolicited e-mail.
You agree that Orient Point may recover the financial costs it
incurs to avoid, remove, prevent, or any other activities it must conduct
because of your spam.
Indemnity
You agree to indemnify, defend and hold Orient Point Consulting, and its
subsidiaries, affiliates, officers, agents, co-branders, partners, and
employees, harmless from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of your Submissions, your
use of the website, including any use by your employees, your connection to the
website, your violation of the Terms of Use, or your violation of any rights of
another.
Use of
Documents and Publications
Except as
expressly prohibited on this website, you are permitted to view, copy, print and
distribute publications and documents within this website, subject to your agreement that:
a) your use of the information is for informational, personal, and
non-commercial purposes only, b) you will not modify the documents, publications
or graphics, c) you will not copy or distribute graphics separate from their
accompanying text and you will not quote materials out of their context, d) you
will display the below copyright notice and other proprietary notices on every
copy you make, and e) you agree that Orient Point Consulting may revoke this permission at
any time and you shall immediately stop your activities related to this
permission upon notice from Orient Point Consulting. Use for any other purpose is expressly
prohibited by law, and may result in severe civil and criminal penalties.
Violators will be prosecuted to the maximum extent possible.
The
permission to use documents and publications does not include permission
to copy the design elements, look and feel, or layout of this website. Those
elements of the website are protected by law, such as trade dress, trademark,
unfair competition, and other laws and may not be copied or imitated in whole or
in part. No logo, graphic, sound or image from the website may be copied or
retransmitted unless expressly permitted by Orient Point Consulting.
EXCEPT AS
EXPRESSLY PROVIDED OTHERWISE, ORIENT POINT CONSULTING AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE
DOCUMENTS AND PUBLICATIONS AND RELATED GRAPHICS PUBLISHED ON THE WEBSITE FOR ANY
PURPOSE. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, ALL SUCH DOCUMENTS AND RELATED
GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. EXCEPT AS EXPRESSLY
PROVIDED OTHERWISE, ORIENT POINT CONSULTING AND/OR ITS
RESPECTIVE SUPPLIERS HEREBY DISCLAIM
ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR
STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO
EVENT SHALL ORIENT POINT CONSULTING AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY
SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING
FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE
OR OTHER TORTUOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR
PERFORMANCE OF INFORMATION AVAILABLE FROM THE WEBSITE.
THE
DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL
INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. ORIENT POINT CONSULTING AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED
HEREIN AT ANY TIME WITHOUT NOTICE.
Disclaimer and Other Notices
EXCEPT AS
EXPRESSLY PROVIDED OTHERWISE, ALL INFORMATION, SOFTWARE, DOCUMENTATION,
MATERIALS, SERVICES AND PUBLICATION ARE PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY
KIND AND ORIENT POINT CONSULTING HEREBY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED,
INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE. IN ADDITION, EXCEPT AS EXPRESSLY PROVIDED OTHERWISE,
ORIENT POINT CONSULTING DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, OR QUIET
ENJOYMENT. IN NO EVENT SHALL ORIENT POINT CONSULTING AND/OR ITS RESPECTIVE SUPPLIERS BE
LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF
CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTION, ARISING OUT OF OR IN CONNECTION
WITH THE USE OF THIS WEBSITE, USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS,
MATERIALS, PUBLICATIONS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR
INFORMATION AVAILABLE FROM THE WEBSITE.
EXCEPT AS
EXPRESSLY PROVIDED OTHERWISE, YOU ASSUME ALL RISKS CONCERNING THE SUITABILITY
AND ACCURACY OF THE INFORMATION WITHIN THE WEBSITE, MATERIALS, PUBLICATIONS AND
DOCUMENTS. THE WEBSITE, MATERIALS, PUBLICATIONS AND DOCUMENTS MAY CONTAIN
TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. ORIENT POINT CONSULTING ASSUMES NO
RESPONSIBILITY FOR AND DISCLAIMS ALL LIABILITY FOR ANY SUCH INACCURACIES, ERRORS
OR OMISSIONS IN THE WEBSITE, MATERIALS, PUBLICATIONS AND DOCUMENTS AND IN ANY
OTHER REFERENCE.
Orient Point Consulting MAY MAKE CHANGES TO THE WEBSITE, INFORMATION, SOFTWARE, WEBSITE, DOCUMENTS,
PUBLICATIONS, PRICES, TECHNICAL SPECIFICATIONS, PRODUCT OFFERINGS AND ANY OTHER
INFORMATION AND MATERIALS ON THE WEBSITE AT ANY TIME AND WITHOUT NOTICE.
THE
WEBSITE, DOCUMENTS AND PUBLICATIONS ARE DISTRIBUTED INTERNATIONALLY AND MAY
CONTAIN REFERENCES OR CROSS-REFERENCES TO ORIENT POINT CONSULTING PRODUCTS, PROGRAMS, AND
SERVICES THAT HAVE NOT BEEN ANNOUNCED OR AVAILABLE IN YOUR COUNTRY. SUCH
REFERENCES DO NOT IMPLY THAT ORIENT POINT CONSULTING INTENDS TO ANNOUNCE SUCH
PRODUCTS, PROGRAMS, OR SERVICES IN YOUR COUNTRY.
THE
WEBSITE CONTAINS LINKS TO THIRD-PARTY SITES WHICH ARE NOT UNDER THE CONTROL OF
ORIENT POINT CONSULTING AND ORIENT POINT CONSULTING IS NOT RESPONSIBLE FOR THE CONTENTS ON ANY LINKED SITE
OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES.
ORIENT POINT CONSULTING IS NOT RESPONSIBLE FOR WEB CASTING OR ANY OTHER FORM OF TRANSMISSION
RECEIVED FROM ANY LINKED SITE. ORIENT POINT CONSULTING IS PROVIDING THESE LINKS TO YOU ONLY
AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY THAT ORIENT POINT
CONSULTING
ENDORSES OR ACCEPTS ANY RESPONSIBILITY FOR THE CONTENT ON SUCH THIRD-PARTY
SITES.
The Security of Contact Records
If any of
the services on the website requires you to create a contact record, you must complete
the registration process by providing us with true, current, complete and
accurate information as prompted by the applicable registration form.
You are entirely responsible for maintaining the confidentiality of your
password and account information. Furthermore, you are entirely responsible for
any and all activities that occur under your account. You agree to notify Orient
Point Consulting immediately of any unauthorized use of your account or any
other breach of security. Orient Point Consulting will not be liable for any
loss that you may incur as a result of someone else using your password or
account, either with or without your knowledge. However, you could be held
liable for losses incurred by Orient Point Consulting or another party due to
someone else using your account or password. You may not use anyone else's
account at any time, without the permission of the account holder. You
acknowledge and agree that certain services may provide password-restricted
access to customer information such as names and certain terms of your
contracts. By using this website and registering for such services, you consent
to Orient Point Consulting's display of such information via the services and
accept all risks of unauthorized access to such information. If you provide any
information that is false, inaccurate, out of date, or incomplete, or Orient
Point Consulting has reasonable grounds to suspect that such information is
false, inaccurate, not current, or incomplete, Orient Point Consulting may
suspend or terminate your account and refuse any and all current or future use
of the services or any portion thereof. You are responsible for all costs and
charges, including without limitation, phone charges and telecommunications
equipment, that you incur in order to use the services.
No Unlawful
or Prohibited Use
As a
condition of your use of the website, you will not use the website for any
purpose that is unlawful or prohibited by these terms, conditions, and notices.
You may not use the Services in any manner that could damage, disable,
overburden, or impair any Orient Point Consulting server, or the network(s) connected to any
Orient Point Consulting server, or interfere with any other party's use and enjoyment of the
website. You may not attempt to gain unauthorized access to services, materials,
other accounts, computer systems or networks connected to any Orient Point
Consulting server
or to the website, through hacking, password mining or any other means. You may
not obtain or attempt to obtain any materials or information through any means
not intentionally made available through the website.
Use of
Services on this Website
The website may contain e-mail services, bulletin board services, chat areas,
news groups, forums, communities, personal web pages, calendars, photo albums
and/or other message or communication facilities designed to enable you to
communicate with others (each a "Communication Service" and collectively
"Communication Services"). You agree to use the Communication Services only to
post, send and receive messages and material that are proper and, when
applicable, related to the particular Communication Service. By way of example,
and not as a limitation, you agree that when using the Communication Services or
the website, you will not:
-
Use the
Communication Services or the website in connection with surveys, contests,
pyramid schemes, chain letters, junk email, spamming or any duplicative or
unsolicited messages (commercial or otherwise).
Defame,
abuse, harass, stalk, threaten or otherwise violate the legal rights (such as
rights of privacy and publicity) of others.
Publish,
post, upload, distribute or disseminate any inappropriate, profane, defamatory,
obscene, obscene as to minors, child pornography, racist, lewd, lascivious,
filthy, excessively violent, harassing, indecent, unlawful, or otherwise
objectionable topic, name, material or information.
Upload, or
otherwise make available, files that contain images, photographs, software or
other material protected by intellectual property laws, including, by way of
example, and not as limitation, copyright or trademark laws (or by rights of
privacy or publicity) unless you own or control the rights thereto or have
received all necessary consent to do the same.
Use any
material or information, including images or photographs, which are made
available through the website in any manner that infringes any copyright,
trademark, patent, trade secret, or other proprietary right of any party.
Upload
files that contain viruses, Trojan horses, worms, time bombs, cancelbots,
corrupted files, or any other similar software or programs that may damage the
operation of another's computer or property of another.
Advertise
or offer to sell or buy any goods or services for any business purpose, unless
such Communication Services specifically allows such messages.
Download
any file posted by another user of a Communication Service that you know, or
reasonably should know, cannot be legally reproduced, displayed, performed,
and/or distributed in such manner.
Falsify or
delete any copyright management information, such as author attributions, legal
or other proper notices or proprietary designations or labels of the origin or
source of software or other material contained in a file that is uploaded.
Restrict
or inhibit any other user from using and enjoying the Communication Services.
Violate
any code of conduct or other guidelines which may be applicable for any
particular Communication Service.
Harvest or
otherwise collect information about others, including e-mail addresses.
Violate
any applicable laws or regulations.
Create a
false identity for the purpose of misleading others.
Use,
download or otherwise copy, or provide (whether or not for a fee) to a person or
entity any directory of users of the Communication Services or other user or
usage information or any portion thereof.
Use any
Orient Point Consulting domain name as a pseudonymous return email address for any
communications that you transmit from another location or through another
service.
Transmit
unsolicited or bulk communications to any Orient Point Consulting account holder or to any
orientpoint.com or affiliated email address (regardless of whether you use the
website to transmit any such communication).
Disrupt
the normal flow of dialogue, cause a screen to "scroll" faster than other users
of the website are able to type, or otherwise act in a manner that negatively
affects other users' ability to engage in real time exchanges.
|
|
|
Orient
Point Consulting
has no obligation to monitor the Communication Services. However, Orient Point
Consulting
reserves the right to review materials posted to the Communication Services and
to remove and/or edit any materials in its sole discretion. Orient Point
Consulting reserves
the right to terminate your access to any or all of the Communication Services
at any time, without notice, for any reason whatsoever.
Orient
Point Consulting
reserves the right at all times to disclose any information as it deems
necessary to satisfy any applicable law, regulation, legal process or
governmental request, or to edit, refuse to post or to remove any information or
materials, in whole or in part, in Orient Point Consulting's sole discretion.
Always use
caution when giving out any personally identifiable information about yourself
in any Communication Services. Orient Point Consulting does not control or
endorse the content, messages or information found in any Communication Services
and, therefore, Orient Point Consulting specifically disclaims any liability with regard to
the Communication Services and any actions resulting from your participation in
any Communication Services. Managers and hosts are not authorized Orient Point
Consulting
spokespersons, and their views do not necessarily reflect those of Orient Point
Consulting.
Materials
uploaded to the Communication Services may be subject to posted limitations on
usage, reproduction and/or dissemination; you are responsible for adhering to
such limitations if you download the materials.
Materials Provided or Posted to this Website
Unless
otherwise specified, Orient Point Consulting does not claim ownership of the materials you
provide to Orient Point Consulting (including, without limitation, information, ideas,
concepts, techniques, feedback, data, questions, comments and suggestions, or
the like) or post, upload, input or submit to the website or its associated
services for review by Orient Point Consulting, the general public, and/or by the members of
any public or private community (each a "Submission" and collectively
"Submissions"), and such Submissions shall be deemed not to be confidential.
However, by posting, uploading, inputting, providing or submitting ("Posting")
your Submission you are granting Orient Point Consulting, its affiliated companies and
necessary sublicensees permission to use your Submission in connection with the
operation of their businesses (including, without limitation, all Orient Point
Consulting
services), including, without limitation, the license rights to: copy,
distribute, transmit, publicly display, publicly perform, reproduce, edit,
modify, translate and reformat your Submissions; to publish your name in
connection with your Submission; develop, manufacture, and market products
incorporating such ideas, concepts, or techniques, and the right to sublicense
such rights to any supplier of the services and/or materials on the website.
No
compensation will be paid with respect to the use of your Submission, as
provided herein. Orient Point Consulting is under no obligation to post or use any Submission
you may provide and Orient Point Consulting may remove any Submission at any time in its sole
discretion.
By Posting
a Submission you warrant and represent that you own or otherwise control all of
the rights to your Submission as described in these Terms of Use including,
without limitation, all the rights necessary for you to provide, post, upload,
input or submit the Submissions.
In addition to the warranty and representation set forth
above, by Posting a Submission that contain images, photographs, pictures or
that are otherwise graphical in whole or in part ("Images"), you warrant and
represent that (a) you are the copyright owner of such Images, or that
the copyright owner of such Images has granted you permission to use such Images
or any content and/or images contained in such Images consistent with the manner
and purpose of your use and as otherwise permitted by these Terms of Use and the
website, (b) you have the rights necessary to grant the licenses and sublicenses
described in these Terms of Use, and (c) that each person depicted in such
Images, if any, has provided consent to the use of the Images as set forth in
these Terms of Use, including, by way of example, and not as a limitation, the
distribution, public display and reproduction of such Images. By Posting Images,
you are granting (a) to all members of your private community (for each such
Images available to members of such private community), and/or (b) to the
general public (for each such Images available anywhere on the website, other
than a private community), permission to use your Images in connection with the
use, as permitted by these Terms of Use, of any of the services or materials on
the website (including, by way of example, and not as a limitation, making
prints and gift items which include such Images), and including, without
limitation, a non-exclusive, world-wide, royalty-free license to: copy,
distribute, transmit, publicly display, publicly perform, reproduce, edit,
modify, translate and reformat your Images without having your name attached to
such Images, and the right to sublicense such rights to any supplier of the
services and/or materials on the website. No compensation will be paid with
respect to the use of your Images.
You
acknowledge that Orient Point Consulting does not pre-screen Submissions, but that
Orient Point Consulting
and its designees have the right (but not the obligation) in their sole
discretion to block or restrict access to or the availability of, or to disable,
any Submissions that is available via the website. Without limiting the
foregoing, Orient Point Consulting and its designees may disable, restrict access to or the
availability of, any Submissions that violates the Terms of Use or is otherwise
objectionable. You must evaluate, and bear all risks associated with, the use of
any Submissions, including any reliance on the accuracy, completeness, or
usefulness of such Submissions.
You
understand that all Submissions, whether publicly posted or privately
transmitted, are the sole responsibility of the person from whom such
Submissions originated. This means that you, and not Orient Point Consulting,
are entirely responsible for all Submissions that you upload, post, provide,
input, submit, or otherwise transmit via the website. Orient Point Consulting
does not control the Submissions posted via the website and, as such, does not
guarantee the accuracy, integrity or quality of such Submissions. You understand
that by using the website, you may be exposed to Submissions from others that
are offensive, indecent or objectionable.
Notification Procedure for
Making Claims of Copyright Infringement
Orient
Point makes every effort it can to avoid copyright infringement. Should we
inadvertently infringe, Orient
Point Consulting
will investigate notices of copyright infringement and take appropriate actions
under the Digital Millennium Copyright Act, Title 17, United States Code,
Section 512(c)(2) ("DMCA"). Pursuant to the DMCA, written notification of
claimed copyright infringement must be submitted to the following for this website:
M.A. Stier
Orient Point Consulting, LLC
100 Park Ave.
New York, New York, 10017
To be
effective, the Notification must include the following:
-
A physical signature of a person authorized to act on behalf of the owner of
an exclusive right that is allegedly infringed.
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.
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.
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.
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.
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.
|
Unsolicited Idea Submission Policy
ORIENT POINT CONSULTING AND ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING
IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR
TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE
DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE
SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES
WHEN ORIENT POINT CONSULTING'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM
SIMILAR TO IDEAS SUBMITTED TO ORIENT POINT CONSULTING. DO NOT SEND YOUR
UNSOLICITED IDEAS TO ORIENT POINT CONSULTING OR ANYONE AT ORIENT POINT
CONSULTING. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND
MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT ORIENT POINT CONSULTING
MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS
CONFIDENTIAL OR PROPRIETARY.
Spam and
E-mail
You agree
that Orient Point Consulting would be irreparably harmed by the use, by you or others, of the
website or facilities in connection with the transmission of spam, newsgroup
postings or unsolicited e-mail in violation of these Terms of Use, and that
Orient Point Consulting is entitled to obtain injunctive relief against any such transmission
(in addition to all other remedies available at law or in equity). Orient Point
Consulting
reserves the right to block, filter or delete unsolicited e-mail.
You agree that Orient Point may recover the financial costs it
incurs to avoid, remove, prevent, or any other activities it must conduct
because of your spam.
Indemnity
You agree to indemnify, defend and hold Orient Point Consulting, and its
subsidiaries, affiliates, officers, agents, co-branders, partners, and
employees, harmless from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of your Submissions, your
use of the website, including any use by your employees, your connection to the
website, your violation of the Terms of Use, or your violation of any rights of
another.
Advertisements and Promotions
Orient
Point Consulting
may run advertisements and promotions from third parties on the website. The
manner, mode and extent of advertising by Orient Point Consulting is subject to change. Your
correspondence or business dealings with, or participation in promotions of,
advertisers other than Orient Point Consulting found on or through the website, including
payment and delivery of related goods or services, and any other terms,
conditions, warranties or representations associated with such dealings, are
solely between you and such advertiser. Orient Point Consulting is not responsible or liable
for any loss or damage of any kind incurred as the result of any such dealings
or as the result of the presence of such non-Orient Point Consulting advertisers on the
website.
Copyright and Trademark Information
COPYRIGHT
NOTICE: Copyright © 1998 - 2010 Orient Point Consulting LLC. All Rights Reserved. Use, duplication, or disclosure by the United
States Government is subject to the restrictions set forth in DFARS
252.227-7013(c)(1)(ii) and FAR 52.227-19.
The names of actual companies and products mentioned herein and/or third party
trademarks, trade names and logos contained herein may be the trademarks of
their respective owners. The example companies, organizations, products, domain
names, email addresses, logos, people and events depicted herein are fictitious.
No association with any real company, organization, product, domain name, e-mail
address, logo, person, or event is intended or should be inferred. Any rights
not expressly granted herein are reserved.
General Information
The Terms
of Use constitute the entire agreement between you and Orient Point Consulting and govern
your use of the website, superseding any prior agreements between you and
Orient Point Consulting on the subject matter (including, but not limited to, any prior
versions of the Terms of Use). Notwithstanding the prior provision, to the
extent, and only to the extent, that any terms set forth in this Terms of Use
expressly contradicts any terms of a prior written agreement between you and
Orient Point Consulting in effect as of the date of your use of the website and specifically
regarding your use of the website ("Executed Agreement"), such contradictory
terms set forth in the Executed Agreement shall govern. You also may be subject
to additional terms and conditions that may apply when you use other Orient
Point Consulting
services, third-party content or third-party software. You must not assign or
otherwise transfer the Terms of Use nor any right granted hereunder.
Florida
law and controlling U.S. federal law govern any action related to the Terms of
Use, without regard to the principles of choice of law. The parties specifically
disclaim the U.N. Convention on Contracts for the International Sale of Goods.
Orient
Point Consulting
controls and operates this website from various locations in
the United
States of America
and makes no representation that this website is appropriate or available for
use in other locations. If you use this website from other locations, you are
responsible for compliance with applicable local laws including but not limited
to the export and import regulations of other countries.
You
acknowledge and agree that material on this website is subject to the U.S.
Export Administration Laws and Regulations. Diversion of such material contrary
to
U.S. law is prohibited. You agree that none of the material on this website, nor
any direct product there from, is being or will be acquired for, shipped,
transferred, or re-exported, directly or indirectly, to proscribed or embargoed
countries or their nationals, nor be used for nuclear activities, chemical
biological weapons, or missile projects unless authorized by the U.S.
Government. Proscribed countries are set forth in the U.S. Export Administration
Regulations. Countries subject to U.S. embargo are: Afghanistan, Cuba, Iran,
Iraq, Libya, North Korea, Syria, Serbia and Sudan. This list is subject to
change without notice from Orient Point Consulting, and you must comply with the list
as it exists in fact. You certify that you are not on the U.S. Department of
Commerce's Denied Persons List or affiliated lists or on the U.S. Department of
Treasury's Specially Designated Nationals List. You agree to comply strictly
with all U.S. export laws and assume sole responsibility for obtaining licenses
to export or re-export as may be required.
The
failure of Orient Point Consulting to exercise or enforce any right or provision
of the Terms of Use does not constitute a waiver of such right or provision. If
a court of competent jurisdiction finds any provision of the Terms of Use to be
invalid, the parties nevertheless agree that the court should endeavor to give
effect to the parties' intentions as reflected in the provision, and the other
provisions of the Terms of Use remain in full force and effect. Regardless of
any statute or law to the contrary, any claim or cause of action arising out of
or related to use of the website or the Terms of Use must be filed within one
(1) year after such claim or cause of action arose or be forever barred. The
section titles in the Terms of Use are for convenience only and have no legal or
contractual effect
|
|