This website, www.trispartan.com (the “Website”), is owned and operated by TriSpartan Advisory and Consulting LLC.
The following terms of use, including our Privacy Policy, which is incorporated by reference, (collectively, “Terms”), govern your use of this Website.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR WEBSITE AS THEY FORM A BINDING AGREEMENT BETWEEN YOU AND US. BY USING OUR WEBSITE, YOU AGREE TO BE BOUND AND ABIDE BY THESE TERMS. IF YOU DO NOT WISH TO AGREE TO THESE TERMS OF USE OR OUR PRIVACY POLICY, YOU MUST NOT USE OR ACCESS OUR WEBSITE.
By accessing, viewing, or using the content, material, or services available on or through this Website, you indicate that you have read and understand these Terms. You also agree to be legally bound by all these Terms. If you do not agree with these Terms, or if you are under 13 years of age, you are not granted permission to use this Website and must exit immediately.
The information presented in this Website is for general informational purposes and is subject to change. It is not and should not, be construed as or in replacement for, professional accounting, legal, tax, or other financial advice or opinion. Other than these Terms, any use of the information or content provided herein shall not constitute nor create a confidential or fiduciary relationship. Visitors to this Website who act on such information provided do so at their own risk and consequence.
The Company is not, and must not be construed as, a public accounting firm. The information and content presented in this Website, including any services provided, are not, and must not be deemed to be, assurance, attestation, or financial statement audit services. The services provided are not subject to the rules of the relevant regulatory agencies, including, but not limited to, the relevant State Board of Accountancy having jurisdiction or the American Institute of Certified Public Accountants.
All content on this Website, including, but not limited to, works of authorship, software, design, text, graphics, photos, logos, button icons, audio clips, digital downloads, images and data compilations; any improvements or modifications to such content; any derivative works based thereon; and the collection, arrangement and assembly of all content on this Website, are the property of TriSpartan Advisory and Consulting LLC or their respective licensors and are protected by United States and international copyright and other intellectual property laws.
Nothing in these Terms shall be deemed to grant to you or any other user of this Website any license or right in or to any copyright, trademark, trade secret or other proprietary right of us or any other person.
You acknowledge that we have the right but not the obligation to use and display any postings or contributions of any kind and that we may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
We reserve all intellectual property rights including those not expressly provided for in these Terms.
We do not accept or consider unsolicited creative ideas, suggestions or materials. You agree that any creative ideas, suggestions or other materials you submit are to us – whether or not solicited by us – are not being submitted in confidence or trust, and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of review, compensation or consideration of any type.
We authorize you to view, print, and copy the materials on this Website solely for your personal, noncommercial use, provided that no copyright, trademark and/or service mark notices or disclaimers therein are excluded, modified or obscured on any copy of all or a part of such content.
You agree you will not interfere, in any way, with others’ use of or access to this Website and will not attempt to gain unauthorized access to the computer system of any other Website user. You further agree not to take any other action in connection with your use of this Website which violates any applicable federal, state, local or international law, rule, regulation or order of any court.
We may cancel or terminate your right to use this Website or any part of this Website at any time without notice or liability. In the event of cancellation or termination, you are no longer authorized to access the part of this Website affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from this Website, and the disclaimers and limitations of liabilities set forth in these Terms, shall survive.
You agree not to disclose information you obtain from us and / or from our clients. All information submitted to us by another end-user is proprietary information. Such client information is confidential and may not be disclosed by you. You agree not to reproduce, disseminate, sell, distribute, or commercially exploit any such proprietary information in any manner.
PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither you nor we will seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.
We abide by the principles of equal employment opportunity. In accordance with applicable US federal, state and local laws, the Company recruits, hires, trains and promotes individuals without regard to race, color, creed, religion, sex, age, national origin, sexual orientation, gender identity and/or expression, veteran’s status, disability, genetic information or status within any other protected group. For personnel actions such as compensation, benefits, promotions or transfers, only valid position-related requirements are considered. Continuing professional education and social and recreational programs are planned in accordance with equal opportunity standards.
An individual, who has a physical or mental disability which substantially limits one or more major life activity, is provided the same opportunities afforded to other individuals in all areas of employment, provided the individual is otherwise able to perform the essential functions of the position.
THE INFORMATION, PRODUCTS, AND SERVICES OFFERED ON OR THROUGH THIS WEBSITE, AND BY TRISPARTAN ADVISORY AND CONSULTING LLC, ARE PROVIDED ON AN “AS IS” BASIS AND WITHOUT ANY WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRANGEMENT OF INTELLECTUAL PROPERTY. WE MAKE NO REPRESENTATIONS, EXPRESSED OR IMPLIED, ABOUT THE ACCURACY, COMPLETENESS, OR TIMLINESS OF THE INFORMATION CONTAINED ON THIS WEBSITE OR THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVERS THAT MAKE THIS WEBSITE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT WILL WE BE LIABILE TO YOU FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, AND NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, THE TOTAL LIABILITY, IN THE AGGREGATE, OF OUR COMPANY AND OUR OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES AND SUBCONTRACTORS, AND ANY OF THEM, TO YOU AND ANYONE CLAIMING BY OR THROUGH YOU, FOR ANY AND ALL CLAIMS, LOSSES, COSTS OR DAMAGES, INCLUDING ATTORNEYS’ FEES AND COSTS AND EXPERT-WITNESS FEES AND COSTS OF ANY NATURE WHATSOEVER OR CLAIMS EXPENSES RESULTING FROM OR IN ANY WAY RELATED TO YOUR USE OF OUR WEBSITE FROM ANY CAUSE OR CAUSES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU. IT IS INTENDED THAT THIS LIMITATION APPLY TO ANY AN ALL LIABILITY OR CAUSE OF ACTION HOWEVER ALLEGED OR ARISING, UNLESS OTHERWISE PROHIBITED BY LAW.
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of our Website in any manner not expressly authorized by these Terms or your use of any information obtained from this Website.
We reserve the right to assume, at our own expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you fully agree to cooperate with us in the defense of any such claim, action settlement or compromise negotiations as we request.
Should any part or portion of these Terms be found or held to be invalid or unenforceable, then the meaning of said Term will be construed, to the extent feasible, so as to render the Term enforceable, and if no feasible interpretation would save such Term, it will be severed from the remainder of these Terms, which will remain in full force and effect unless our obligations hereunder are materially impaired.
All matters relating to our Website and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).
As of July 31, 2020
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