The content of the Sites includes, without limitation, (i) Tsang and Associates, PLC’s trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively “Tsang and Associates Marks”); and (ii) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, including podcasts, and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through the Sites (the items identified in subsections (i) (ii) and (iii) shall be collectively referred to herein as “Tsang and Associates Content”). Tsang and Associates Content is the property of Tsang and Associates, its licensors, sponsors, partners, advertisers, content providers or other third parties and is protected by law including, but not limited to, copyright, trade secret, patent, and trademark law, as well as other state, national and international laws, treaties and regulations. The reproduction, transmission, distribution, sale, publication, broadcast, circulation or dissemination of any Tsang and Associates Content by you, or by you through any other person or entity, is prohibited unless written consent is separately obtained. For reprints, contact Tsang and Associates, PLC. Any use of Tsang and Associates Marks without Tsang and Associates, PLC’s written consent is strictly prohibited. You may not alter, delete, obscure or conceal any copyright or other notices appearing in Tsang and Associates Content, including any such notices appearing on any Tsang and Associates Content you are permitted to download, transmit, display, print, or reproduce from the Sites.
Sharing of Content
You may download, copy or embed Tsang and Associates Content and other downloadable items displayed on the Sites for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Tsang and Associates Content for other than personal use is prohibited without prior written permission from, or the copyright holder identified in the copyright notice contained in Tsang and Associates Content. Tsang and Associates, PLC reserves the right to require any party sharing Tsang and Associates content to disable or remove the content should its use violate Tsang and Associates policies, rights or causes interruption or deterioration of Tsang and Associates Content.
Responsibility for Use of the Internet and Websites and Exclusion of Libaility
Use of the Internet and the Sites is solely at your risk and is subject to, without limitation, all applicable local, state, national and international laws and regulations. Unless expressly required by law, the does not guarantee the confidentiality or security of any communication or other material transmitted to or from the Sites over the Internet or other communication network. Tsang and Associates, PLC shall not be obligated to correct or update the Sites or the Tsang and Associates Content and shall not be liable for omissions, typographical errors, or out-of-date information which may appear on the Sites.
You warrant that you will abide by, without limitation, all applicable local, state, national and international laws and regulations with respect to your use of the Sites and not interfere with the use and enjoyment of the Sites by other users or operation and management of the Sites. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on the Sites, including, without limitation, information required to be provided through a Tsang and Associates, PLC Website information form. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by you, reserves the right to terminate your access and use of the Sites. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the Sites, or defame or otherwise harm any party through your use of the Sites.
Tsang and Associates Sites may contain advertisements. The inclusion of advertisements on the Sites does not imply endorsement of the advertised products or services. Tsang and Associates shall not be responsible for any loss or damage of any kind incurred as a result of the presence of such advertisements on the Sites. Further, shall not be responsible or liable for the statements or conduct of any third-party advertisers appearing on the Sites. You shall be solely responsible for any correspondence or transactions you have with any third-party advertisers.
Links to Third Party Websites
Tsang and Associates Sites may provide links (including any link through an on-line banner advertisement) to other sites on the Internet. These other sites are maintained by third parties over which exercises no control. The appearance of any such third party links is not intended to endorse any particular company or product. If you decide to access any of the third party sites linked to the Sites, you do so entirely at your own risk.
The websites and content are provided “As is” and “As available.” neither Tsang and Associates, PLC, its affiliates, subsidiaries, employees, officers, members, or trustees nor any of its agents, representatives, suppliers, advertisers, contractors, promotional partners, or licensors (collectively “Tsang and Associates parties”) provide any express or implied representation or warranty of any kind, including without limitation, any representation or warranty that (I) the sites or Tsang and Associates content, or any results that may be obtained by you, are complete, accurate, reliable or non-infringing; (ii) access to the sites will be uninterrupted, timely, secure, or error free; (iii) the quality of any products, services, information or other material purchased or obtained by you through the sites will meet your expectations; or (iv) Tsang and Associates content will remain unchanged or accessible on the sites. All warranties, express or implied, are disclaimed to the fullest extent permitted by law including, without limitation, any warranty of merchantability, fitness for a particular purpose, and/or non-infringement of intellectual property.
Exclusion of and Limitation of Liability
Tsang and Associates parties shall not be liable, and disclaim any liability, for any claim, loss or damage, direct or indirect, including, without limitation, compensatory, consequential, incidental, indirect, special, exemplary or punitive damages of any kind whatsoever in connection with, as a result of, or arising (I) out of the use of or inability to use the sites and/or any Tsang and Associates content; (ii) from any interruption in the availability of the sites and/or Tsang and Associates content; (iii) from any loss of data and/or from any equipment failure; (iv) out of the procurement of substitute goods or services resulting from any problems with the goods, content and/or services purchased or obtained from the sites, or transactions entered into, through or from the sites; (v) from unauthorized access to or alteration of your transmissions or data; (vi) from statements or conduct of any third party on the sites; (vii) from any delay or failure of the sites arising out of causes beyond Tsang and Associates, PLC’s control; (viii) out of the use of, reference to, or reliance on, the Tsang and Associates content; (ix) out of any third party materials, information, products and services contained on, or accessed through, the sites (x) out of any content, materials, accuracy of information, and/or quality of the products, services or materials provided by or advertised on third party websites; or (xi) out of any other matter relating to the sites or Tsang and Associates content.
Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the above limitations which are lawful in your jurisdiction will apply to you and liability will be limited to the maximum extent permitted by law.
Term and Termination
Use of Websites and Content outside of the United States
Tsang and Associates provides opportunities for user interaction within its Sites and social media profiles on sites such as Facebook, Yelp, LinkedIn, and other sites. On those social media profiles, content and links to other Internet sites should not be construed as an endorsement of the organizations, entities, views or content contained therein. Tsang and Associates is not responsible for content or links posted by others.
Revised April 25, 2020.