1. Acceptance of Terms of Use

You accept the Terms of Use of www.TriStone-LLC.com (hereinafter “TriStone” or “website”).  By using and/or visiting this website, you signify your assent to both these Terms and Conditions (the “Terms of Use”) and the terms and conditions of TriStone’s Privacy Policy, which are incorporated herein by reference.

2. General TriStone Usage Terms

A.Use of TriStone

The use of TriStone is subject to the following terms of use.

The content of the pages of TriStone is for your general information and use only. It is subject to change without notice. Your use of any information or materials on TriStone is entirely at your own risk for which we shall not be liable.

B. Registration

Registration or an account is not currently required to view most of the content on TriStone.  In the future, it may be necessary to register and create an Account to use TriStone.

C. Submission of Content

As a User (where available) you may post or grant TriStone the right to upload your content to the website providing you comply with our content standards and these terms and conditions. You grant us an irrevocable, perpetual, royalty-free, non-exclusive license to use, adapt or distribute your content (or, content produced and owned by us such as interview content) on the website, and for other uses as we require in any and all media (whether existing now or invented in the future).

You grant us all necessary rights, licenses, consents and clearances to allow us to use your content in accordance with these terms and conditions.

D. Content Standards

You agree that we may remove offensive or inappropriate content from the website, including content or intellectual property that you do not own or have the right to publish. You agree that TriStone may remove content for any of the reasons stated above or for any other reason it believes in its sole discretion is necessary for the proper use of its audience.

You agree that whenever you submit your content to TriStone, you will comply with our content standards. If you do not comply, we reserve the right to delete your content and/or to suspend or ban you from using TriStone without prior notification.

You should note that any posting of personal information on our website, such as email address or telephone number means your information is publicly accessible.

3. Third Party Access

The TriStone Website may contain links to third party websites that are not owned or controlled by TriStone. TriStone has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.

Certain services made available via TriStone are delivered by third party sites and organizations. By using any product, service or functionality originating from the TriStone domain, you hereby acknowledge and consent that TriStone may share such information and data with any third party with whom TriStone has a contractual relationship to provide the requested product, service or functionality on behalf of TriStone’s users and customers.

In addition, notwithstanding anything in this Terms of Use to the contrary, TriStone may share the information you provide with third parties in an effort to determine, develop or provide you with job, career, business or other opportunities we believe may be of interest to you.

4. Website Access

A. TriStone hereby grants you permission to use the Website as set forth in this Terms of Use, provided that:

(i) your use of the Website as permitted is solely for your personal or business use;

(ii) you will not copy or distribute any part of the Website without TriStone’s prior written authorization;

(iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and

(iv) you will otherwise comply with the terms and conditions of these Terms of Use.

B. In order to access features of the Website, you may have to create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep any account password secure. You must notify TriStone immediately of any breach of security or unauthorized use of your account. Although TriStone will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of TriStone or others due to such unauthorized use.

C. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Website in a manner that sends more request messages to TriStone servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser.

Notwithstanding the foregoing, TriStone grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. TriStone reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes.

5. Intellectual Property Rights

The content on TriStone Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to TriStone, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.

Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.

6. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE TRISTONE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, TRISTONE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. TRISTONE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY

(I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,

(II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,

(III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,

(IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE,

(V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR

(VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE TRISTONE WEBSITE.

TRISTONE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH TRISTONE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND TRISTONE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

7. Limitation of Liability

IN NO EVENT SHALL TRISTONE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

The Website is controlled and offered by TriStone from its facilities in the United States of America. TriStone makes no representations that the TriStone Website is appropriate or available for use in other locations. Those who access or use the TriStone Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

8. Indemnity

You agree to defend, indemnify and hold harmless TriStone, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

(i) your use of and access to the TriStone Website;

(ii) your violation of any term of these Terms of Use;

(iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms of Use and your use of the TriStone Website.

9. Ability to Accept Terms of Use

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

10. Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by TriStone without restriction.

11. General

You agree that the TriStone Website shall be deemed solely based in New York; and the TriStone Website shall be deemed a passive website that does not give rise to personal jurisdiction over TriStone, either specific or general, in jurisdictions other than New York. These Terms of Use shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Any claim or dispute between you and TriStone that arises in whole or in part from the TriStone Website shall be decided exclusively by a court of competent jurisdiction located in New York, NY. Notwithstanding the prior sentence, if requested by TriStone, you agree to submit to reasonable requests for mediation and/or arbitration.

YOU AND TRISTONE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TRISTONE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

These Terms of Use, together with the Privacy Policy at http://www.TriStone-LLC.com and any other legal notices published by TriStone on the Website, shall constitute the entire agreement between you and TriStone concerning the TriStone Website.

If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.

No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and TriStone’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

TriStone reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the TriStone Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms.