This web site, located at http://www.tristemcorp.com/ (the "Site"), is provided by TriStem Corporation
Limited a company incorporated and registered in Bermuda
("TriStem"), subject to the following terms
of use (the “Terms of Use” or "Agreement"),
which may be updated by TriStem from time to time in
TriStem's sole discretion. TriStem reserves the right
to make changes to this Agreement from time to time,
which TriStem may provide to you by any reasonable means,
including without limitation posting the revised draft
of the Agreement on the Site. You may determine when
this Agreement was last revised by checking the "LAST
REVISED" legend at the top of this Agreement. PLEASE
READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE.
YOUR USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO ABIDE
BY THE TERMS OF USE THEN IN EFFECT.
TriStem reserves the right to modify, suspend, or discontinue,
temporarily or permanently, the Site (in whole or in
part) with or without notice, at any time. You agree
that TriStem and its parents, subsidiaries, and affiliated
companies (collectively, the "Affiliated Companies")
shall not be liable to you or to any third party for
any modification, suspension, or discontinuance of the
Site, in whole or in part. Your continued use of the
Site after any such changes will indicate your acceptance
of such changes.
If you have any questions regarding the Site or these
Terms of Use, please contact TriStem at info@tristemcorp.com
1. NO MEDICAL ADVICE
This Site is for informational purposes only, and does
not offer medical advice or diagnosis. While there may
be information on this Site related to certain medical
conditions and their treatment, nothing on the Site is
intended as a substitute for professional medical advice,
diagnosis, or treatment, should be construed as the provision
of advice or recommendations, or should be relied upon
as the basis for any decision or action, including without
limitation the diagnosis of any health problem. Should
a medical condition exist, promptly see your own physician
or other qualified health care provider; only your physician
or other qualified health care provider can determine
whether a treatment or other product described on this
Site or any other web site is appropriate for you. PLEASE
CONSULT WITH YOUR DOCTOR OR OTHER QUALIFIED HEALTH CARE
PROFESSIONAL BEFORE USING ANY TREATMENT OR OTHER PRODUCT
DISCUSSED ON THE SITE OR ON ANY OTHER WEB SITE.
2. LINKS AND LINKING POLICY
As a convenience to its users, the Site provides links
to third party Internet web sites and resources, the
content of which may change over time. Because TriStem
has no control over such sites and resources, you acknowledge
and agree that (a) neither TriStem nor its Affiliated
Companies are responsible for the availability of such
external sites or resources, and (b) neither TriStem
nor its Affiliated Companies endorses or is responsible
or liable for any content, information, data, advertising,
products, or other materials on or available through
such sites or resources, or your reliance thereon or
use thereof. YOU AGREE THAT YOUR USE OF THIRD PARTY WEB
SITES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR
USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS,
OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEB SITES
AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO
THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH WEB
SITES, REFERENCES, AND RESOURCES.
Other web sites may provide links to the Site with or
without TriStem's authorisation. You acknowledge and
agree that TriStem and its Affiliated Companies do
not endorse such sites, and are and shall not be responsible
or liable for, or for any loss or damage caused by
or in connection with, any links from those sites to
the Site, for any content, advertising, products, or
other materials available on or through such other
sites, or for any loss or damages caused by using or
relying on any such materials. TriStem retains the
right, but not the obligation, at any time and in its
sole discretion, to block links to the Site (authorised
or otherwise) through technological or other means,
without prior notice.
3. COMPLIANCE AND CONDUCT
While using the Site, you agree to comply with all applicable
laws, rules, and regulations, and you agree not to:
- Sell, resell, transfer, licence, or exploit
for any commercial purposes any use of or access to the
Site.
-
Reproduce, modify, adapt, create derivative works based
on, translate, reverse engineer, decompile, or disassemble
any portion of the Site.
-
Frame or mirror all or any part of the Site without TriStem's
prior express written consent.
-
Interfere with or disrupt the operation of the Site.
-
Restrict or inhibit any other person from using the Site,
including by means of hacking or defacing any portion
of the Site.
-
Use the Site for any fraudulent or unlawful purpose,
or in connection with any unsolicited commercial communication.
-
Defame, abuse, harass, stalk, threaten, or otherwise
violate the legal rights of others.
-
Transmit or otherwise make available in connection with
the Site any virus, worm, Trojan horse, or other harmful
code.
-
Transmit or otherwise make available through or in connection
with the Site anything that is or may be: threatening,
harassing, degrading, hateful, or intimidating; defamatory;
fraudulent or tortious; obscene, indecent, pornographic,
or otherwise objectionable; or protected by patent, copyright,
trademark, trade secret, right of publicity, or other
proprietary right(s), without the express permission
of the owner(s) of such right(s).
4. TRISTEM'S PROPRIETARY RIGHTS
You acknowledge and agree that the information and materials
presented on the Site, including without limitation any
written, audiovisual, and other materials made available
on the Site, are and shall remain the property of TriStem
and its licensors and suppliers and are protected by
copyright, trademark, patent, and/or other proprietary
rights and laws. Trade names, trademarks, and service
marks of TriStem include, without limitation, "TriStem
Corporation," the TRISTEMCORP.COM domain name, and
the TriStem logo. All trademarks and service marks on
the Site not owned by TriStem are the property of their
respective owners. The trade names, trademarks, and service
marks owned by TriStem, whether registered or unregistered,
may not be used in connection with any product or service
that is not TriStem's, in any manner that is likely to
cause confusion. Nothing on the Site should be construed
as granting, by implication, estoppel, or otherwise,
any licence or right to use any of any TriStem or any
third party’s patents, copyright trade names, trademarks,
or service marks.
5. LIMITATION OF LIABILITY AND DISCLAIMER
TriStem is a distributor only, and not a publisher,
of the Site. THE SITE, AND ALL INFORMATION ON THE SITE,
IS PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTIES
OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.
TRISTEM AND ITS AFFILIATED COMPANIES DO NOT MAKE ANY,
AND HEREBY DISCLAIM ALL, REPRESENTATIONS OR WARRANTIES
WITH RESPECT TO THE SITE, INCLUDING WITHOUT LIMITATION
ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE
TIMELINESS, ACCURACY, OR COMPLETENESS OF ANY INFORMATION
ON THE SITE, OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
TRISTEM AND ITS AFFILIATED COMPANIES WILL NOT BE RESPONSIBLE
OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND,
UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR
OTHER THEORY, INCLUDING BUT NOT LIMITED TO DAMAGES FOR
LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN
IF TRISTEM AND/OR ITS AFFILIATED COMPANIES HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS
TO STOP USING THE SITE.
While TriStem tries to maintain the Site's integrity
and security, TriStem does not guarantee that the Site
will be or remain secure, complete, or correct, or that
access to the Site will be uninterrupted. The Site may
include inaccuracies or errors, or materials that violate
or conflict with this Agreement. Additionally, third
parties may make unauthorised alterations to the Site.
If you become aware of such a situation, please contact
TriStem at info@tristemcorp.com
Nothing on the Site constitutes an invitation or offer
to invest or deal in the securities of TriStem. In particular,
actual results and developments may be materially different
from any forecast, opinion, or expectation expressed
on the Site.
6. INDEMNITY
You agree to defend, indemnify, and hold harmless TriStem
and its Affiliated Companies, and their respective sponsors,
directors, officers, shareholders, licensors, employees,
agents, and representatives, from and against all claims,
losses, costs, damages, liabilities, and expenses (including
but not limited to attorneys fees) arising out of: (a)
your activities in connection with the Site; (b) any
violation of this Agreement by you; or (c) any allegation
that anything you transmit through or in connection with
the Site infringes or otherwise violates the intellectual
property rights or other rights of any third party.
7. TERMINATION
TriStem, in its sole discretion, may terminate your
use of the Site, or any part thereof, at any time and
for any reason (with or without prior notice), including
without limitation if TriStem believes that you have
violated or acted inconsistently with the letter or spirit
of this Agreement. Upon termination of this Agreement,
your right to use the Site will cease. Neither TriStem
nor its Affiliated Companies shall be liable to you or
any third party for any termination of your access to
the Site or any part thereof.
8. JURISDICTION
The Site is controlled and operated by TriStem from
within the United Kingdom, and is not intended to subject
TriStem to the laws or jurisdiction of any state, country,
or territory other than that of England. TriStem does
not represent or warrant that the Site, or any aspect
thereof, is appropriate or available for use in any particular
jurisdiction. Those who choose to access the Site do
so on their own initiative and at their own risk, and
are responsible for complying with local laws. TriStem
may limit the availability of the Site to any person,
geographic area, or jurisdiction, at any time in TriStem's
sole discretion.
9. MISCELLANEOUS
This Agreement is governed by and shall be construed
in accordance with the laws of England. You agree to
exclusive jurisdiction by the English court, and waive
any jurisdictional, venue, or inconvenient forum objections
to such courts. If any provision of this Agreement is
found for any reason to be unlawful, void, or unenforceable,
then that provision will be deemed severable from this
Agreement and will not affect the validity and enforceability
of any remaining provision. You may not assign, transfer,
or sublicence any of your rights or obligations under
this Agreement without TriStem's prior express written
consent. No waiver by either party of any breach or default
hereunder will be deemed to be a waiver of any preceding
or subsequent breach or default. Any heading, caption
or section title contained herein is inserted only as
a matter of convenience, and in no way defines or explains
any section or provision hereof. This Agreement does
not, and shall not be construed to, create any partnership,
joint venture, employer-employee, agency, or franchisor-franchisee
relationship. These Terms of Use constitute the entire
agreement between you and TriStem relating to the subject
matter hereof and supersedes any and all prior or contemporaneous
written or oral agreements or understandings between
you and TriStem. Notices to you may be made via either
email or post. The Site may also provide notices of changes
to this Agreement or other matters, by displaying such
notices or by providing links to such notices. Without
limitation, you agree that a printed version of this
Agreement and of any notice given in electronic form
shall be admissible in judicial or administrative proceedings
based upon or relating to this Agreement to the same
extent and subject to the same conditions as other business
documents and records originally generated and maintained
in printed form.
The Site and this Agreement ©2004 TriStem Corporation
Limited. All rights reserved.
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