Terms of Use – TriStem Limited

TERMS OF USE
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@aplittlecub.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@aplittlecub.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.