Terms of Service

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Terms of Service

Last Modified: October 25, 2017

These Terms of Service (" Terms of Service") govern your access to and use of the website located at https://tonenetworks.com (the " Website"), including any content, functionality and services offered on or through the Website, memberships, and any of our other products or services (collectively referred to as the " Services"). The Website is owned and operated by ChartOne Media LLC, a Delaware limited liability company (" ChartOne ", " we" or " us").

Please read the Terms of Service carefully before using the Services because they contain provisions that affect your rights and obligations, including a mandatory arbitration provision and a waiver of your right to participate in a class action. By using the Services, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, found at https://tonenetworks.com/privacypolicy (" Privacy Policy"), which are incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Services.

The Services are offered and available to individuals who are 18 years of age or older. By using the Services, you represent and warrant to ChartOne that you are 18 years of age or older and are otherwise capable of forming a legally binding contract with ChartOne, and that your use of the Services is consistent with our Terms of Service, our Privacy Policy, and all applicable law. If you do not meet these requirements, you must not access or use the Services.

You acknowledge and confirm that (i) you have read and understand all of the terms, conditions, policies, provisions, disclosures and disclaimers contained herein, (ii) these Terms of Service have the same force and effect as a signed agreement, and (iii) you expressly accept and agree to be bound by the terms hereof.

Changes to these Terms of Service

We may modify these Terms of Service at any time in our sole discretion. We will post notice of changes to these Terms of Service on this page. Changes will not apply retroactively and will only become effective when (i) you use the Services after you know about the change, or (ii) thirty (30) days after they are posted, whichever is sooner. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. We will also update the Last Modified Date at the top of these Terms of Service accordingly. Your continued use of the Services after the Last Modified Date signifies your consent to the modified Terms of Service. You are expected to check this page frequently so you are aware of any changes, as they are binding on you. If the modified Terms of Service are not acceptable to you, you should not access or use the Services after the Last Modified Date and may cancel your membership (see "Cancellations" below).

Data Privacy and Personal Information

By agreeing to these Terms of Service, you also consent to our Privacy Policy, which is incorporated by reference into these Terms of Service. If you live outside the United States, by agreeing to these Terms of Service you consent to the transfer and processing of your personal information in the United States in accordance with the Privacy Policy and U.S. law.

You should not submit or upload personal information or any other information about yourself or others that you are not comfortable disclosing to the general public. This information will be viewable by other users of the Services, may be searchable on indexing websites such as Google, and may be disclosed to third parties under certain circumstances as provided in our Privacy Policy.

By agreeing to these Terms of Service and our Privacy Policy, you acknowledge and agree that we have the right to display any or all of the information on your profile in our marketing materials and on our Website without obtaining your permission.

International Users

ChartOne and the Services are operated from within the United States. If you access the Services from a location outside the United States, you are responsible for compliance with the laws of that jurisdiction regarding online conduct and acceptable content. ChartOne makes no claim that the content of the Services may be utilized, accessed or appropriate outside the United States. You must not access or use the Services from a territory that is embargoed by the United States or from which it is illegal to receive products, services, or software from the United States.

Third Party Links

The Services may link to independent third-party websites or social media widgets. Such hyperlinks are provided for your reference and convenience only. ChartOne is not liable for the availability or accuracy of such third-party sources, and you assume all risk in using them. When you link to them, these third-party sites or services may place cookies and other tracking technologies on your computer and may have different rules for using or sharing any personal information you submit to them. By using such third-party sources, sites, and/or sources, you agree to be bound by the terms, privacy policy, and other policies of such third-parties. We encourage you to read their privacy policies before submitting your personal information.

When you access third party websites or interact or communicate with third parties through the Services, you do so at your own risk. ChartOne is not responsible for the actions, content, information, data, practices, policies or opinions of any third parties. You are solely responsible for your interactions with third parties and you should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline interaction with any other person.

If you have a dispute with one more third party websites or third parties, you hereby release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use, privacy or data. We reserve the right, but have no obligation, to become involved in any way with these disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor." And, if you are not a California resident, you waive any applicable state statutes of a similar effect.

Registration

Using the Services requires you to create an account and accept our Terms of Service. To create an account, you must provide your email address, address, date of birth, and an accepted form of payment (see "Payment Methods" below). You may also select one or more areas of interests.

By registering, you represent and warrant: (i) that all of the information that you provide, including any social media profiles and other links that you choose to add to your profile, is correct, current, and complete; (ii) that you have created an account for yourself and have not misrepresented your identity or created a false identity; and (iii) that you have not registered for any illegal purpose, to facilitate any illegal topic, or otherwise for the purpose of providing any illegal information. If you believe that your identity or someone else's identity has been misrepresented, please contact us immediately. You may also report other users who you believe to be in breach of this paragraph.

You agree that all information you provide to register with or use the Services or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

You agree to keep your account information confidential and to not share your account with others. You agree to notify us immediately of any unauthorized access to your account or any other breach of security.

Payment Methods

In order to purchase a membership, you must pay by (1) credit card or (2) PayPal (" Payment Method"). To pay by credit card, you must provide the full credit card number, the name on the credit card, the expiration date, the CVC number, and the billing address. The personal information that you provide to us will be collected, stored, and processed in accordance with our Privacy Policy. If you pay using PayPal, you agree to PayPal's terms and agreements, available at https://www.paypal.com/us/home.

All payment transactions made through the Website are processed by Stripe, a service offered by Stripe, Inc., and your payments are processed by Stripe in accordance with Stripe's terms and privacy policy, available on Stripe, Inc.'s website, https://stripe.com/. By using the Services, you agree to be bound by Stripe Inc.'s terms and privacy policy. By entering your payment information, you confirm that the Payment Method being used is yours or that you have been authorized by the owner of the Payment Method to use it. All Payment Methods are subject to validation checks and authorization by the issuer. If the credit or debit card issuer refuses to authorize payment, we will not be responsible for any delay in your ability to access and use the Services.

ChartOne does not store credit card or payment information. Payment information is passed directly to Stripe and PayPal. Please note that while we take reasonable care to keep the details of your order and payment secure, in the absence of negligence on our part we are not liable for any loss you may suffer if a third party gains unauthorized access to any information that you provide.

Free Trials; Special Offers

Your access to the Services may begin with a free trial and/or offer. The free trial and/or offer period of your membershiplasts for the period specified when you sign up. Free trials are for new members only. We reserve the right, in our sole discretion, to determine your free trial eligibility and to provide you with special offers.

At the end of any free trial or offer period, we will begin billing you for the monthly membership fee unless you cancel prior to the end of the free trial or offer period. You will not receive a notice from us that your free trial or offer period has ended. We will continue to bill your Payment Method on a monthly basis for your membership fee until you cancel. For additional information, see "Membership Autorenewals" above.

By starting a free trial and providing or designating a Payment Method, you authorize us to charge you a monthly membership fee at the then-current rate.

Membership Autorenewals; Cancellations

A. Membership Autorenewals (Generally)

Your membership will automatically renew monthly, and we will charge your Payment Method on a monthly basis, until you cancel your membership (see "Cancellations" below for instructions on how to cancel your membership) or we terminate your membership. If you cancel your membership, you will continue to have access to the Services through the end of your membership period. If you started your membership with a free trial or offer, you will be charged beginning at the expiration of your free trial or offer period.

Unless you notify us before a charge to your Payment Method that you want to cancel or do not want to automatically renew, you understand and agree that your membership will automatically renew and you authorize us, without notice to you (unless required by applicable law) to collect the then-applicable membership price by charging the Payment Method that we have on file for you. If we cannot charge the Payment Method that we have on file for you, we will contact you via email. We reserve the right to change the calendar day that we bill you if your Payment Method cannot be charged.

B. Timing of Automatic Renewal Charges; When to Cancel to Avoid Automatic Renewal Charges for the Following Month

We automatically bill the membership renewal fee to your Payment Method each month on the calendar day corresponding to the commencement of your membership. If you signed up for a free trial, the calendar day will be based on the date that your paying membership commences following the expiration of your free trial period.

If your membership began on a day that is not contained within a given month, we may bill your Payment Method on a day in that month that we deem appropriate in our sole discretion. For example, if you started your membership on December 31, your Payment Method would next be charged on January 31 and again on approximately February 28.

In order to avoid charges for the following month's membership fees to your Payment Method, you must cancel your membership at least 48 hours prior to the date that your membership renews each month. For example, if you began your membership on April 1, you must cancel on or before April 28 in order to avoid paying membership fees for the following month (in this example, May 1 through May 31).

C. Cancellations

You may cancel your membershipat any time by logging into your account and selecting the "Cancel" option in your profile.

When you cancel a membership, you cancel only future charges associated with your membership. You may cancel at any time, but the cancellation will not become effective until the end of your current billing period and you will cancel only future charges associated with your membership. You will not receive a refund for the current billing cycle. For additional information, please see "MembershipAutorenewals (Generally)" and "Timing of Automatic Renewal Charges; When to Cancel to Avoid Automatic Renewal Charges for the Following Month" above.

Except in the case of certain promotions, you can change or cancel your membershipat any time. Memberships sold as part of a promotion, subject to an annual commitment, or as an add-on may have different cancellation or refund policies that will be made clear at the time of purchase.

Membership Packages and Gifting

You may choose a membershippackage for six (6) months or twelve (12) months and pay in advance for your membership. If you elect such a membership package, your membership will be automatically renewed for the same membership package at the end of your membership period. For additional information, see "Membership Autorenewals" above. These membershippackages are nonrefundable once purchased.

You may gift a twelve (12)-month membershipto someone else (" Gift Membership"). Gift Membershipswill not automatically renew at the end of the membership period. Please note that Gift Memberships cannot be cancelled.

Pricing

We reserve the right to adjust pricing for the Services in any manner and at any time in our sole discretion.

Refunds

Payments are nonrefundable. No prorated refunds of any membership fees paid will be issued upon any termination or cancellation of a membership.

Clicks for Good

Clicks for Good is a program designed to enable users to give back while they are giving to themselves. ChartOne is committed to donating money to charitable organizations. At its sole discretion, ChartOne selects the charitable organizations that will receive donations from ChartOne and may revise its selection(s) at any time. ChartOne will in no event be liable for any failure to give money to a particular charitable organization, nor for a failure to give any particular amount.

Events: Tone Talks and Tone Live

As a user, you will participate in the ChartOne Events through (i) Tone Talks, which are moderated, topic-focused discussions that are not driven by experts, in which users are encouraged to share their expertise with each other, and (ii) Tone Live, which is a live streaming interactive event that gives users access to experts and the ability to ask questions of the expert.

By participating in Tone Talks and/or Tone Live, you acknowledge and agree that ChartOne has sole discretion to determine the topics of discussion and the questions that the experts will receive and answer. ChartOne reserves the right in its sole discretion to terminate the participation of any users that it considers counterproductive, off-topic, or offensive, in its sole discretion. ChartOne will not be liable for any failure to terminate any participant in Tone Talks and/or Tone Live. Additionally, ChartOne reserves the right in its sole discretion to terminate the membership of any user that it deems to be an offender of ChartOne's policies and/or Terms of Service.

By participating in Tone Talks and/or Tone Live, you acknowledge and agree that ChartOne does not prescreen the topics of discussion and in no event will be liable for anything that is discussed at Tone Talks and/or Tone Live.

Information Provided Through the Services

The information provided through the Services is for informational purposes only and is not a substitute for professional, financial, health, legal, or other advice, nor a replacement for individual relationship between you and a qualified professional. This information has been prepared to provide information regarding topics related to lifestyle topics, including but not limited to legal information, financial, relationship, and general and specific health issues, including but not limited to mindfulness, nutrition, and fitness.

By using the Services, you acknowledge and agree that (i) ChartOne and the experts featured on ChartOne's website do not intend any of the information provided through the Services to be used for self-diagnosis or treatment; (ii) that ChartOne has not independently verified the credentials of experts and that you have thus made any independent valuations or judgments of experts on our Website before relying on their advice; (iii) you rely on any advice at your own risk, and you are solely responsible for verifying any information and for determining the suitability of any information obtained through the Services; (iv) you waive any and all rights or claims that you may have to obtain a refund and (v) ChartOne has no liability to you for any reason for any advice or Services.

IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR HEALTH AND BEFORE STARTING OR STOPPING ANY TREATMENT OR ACTING UPON INFORMATION ACCESSIBLE THROUGH THE SERVICES, YOU SHOULD CONTACT YOUR OWN PHYSICIAN OR HEALTH CARE PROVIDER. ADDITIONALLY, IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT ANY OF THE OTHER TOPICS DISCUSSED THROUGH THE SERVICES, YOU SHOULD CONTACT A QUALIFIED PROFESSIONAL TO DISCUSS YOUR PARTICULAR FACTS AND CIRCUMSTANCES BEFORE ACTING UPON INFORMATION ACCESSIBLE THROUGH THE SERVICES.

ChartOne make no representations or warranties and expressly disclaims any and all liability concerning any treatment or action based on the information offered or provided through the Services. ChartOne does not represent or warrant that any such information will meet your expectations and does not make any representations or warranties with respect to the quality of advice provided by experts, and is not responsible for the quality of advice. By using the Services, you acknowledge and agree that (i) ChartOne does not review or endorse any information or advice provided through the Services, and does not have any liability to you with respect to any information or advice provided through the services; (ii) ChartOne does not verify the accuracy of information nor opinions provided by experts; and (iii) while ChartOne researches and curates experts in order to identify their appropriateness, ChartOne does not do background checks on experts and does not verify their credentials, including but not limited to educational degrees received, certifications and/or licenses. ChartOne relies on the experts' representation of themselves on their websites, social media accounts, and in published materials.

IF YOU HAVE SPECIFIC CONCERNS OR REQUIRE PROFESSIONAL ADVICE, YOU SHOULD CONSULT WITH A QUALIFIED PROFESSIONAL. THESE SERVICES ARE NOT DESIGNED AS, NOR SHOULD YOU USE THESE SERVICES AS, A SUBSTITUTE FOR ADVICE FROM A QUALIFIED PROFESSIONAL.

If you have a dispute with another user or expert, you hereby release ChartOne (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use, privacy or data. We reserve the right, but have no obligation, to become involved in any way with these disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor." And, if you are not a California resident, you waive any applicable state statutes of a similar effect.

Changes and Termination of Services

We are constantly changing and improving our Services. We reserve the right to add or remove functionalities or features of the Services, and we may suspend, stop, or delete an account or may suspend or stop the Services altogether, including, for example, if you do not comply with these Terms of Service or if we are investigating suspected misconduct or breach of any applicable laws. You can stop using our Services at any time. We may also stop providing Services to you, add or create new limits to our Services, or restrict your access to all or a part of the Services at any time and for any reason without notice or liability. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. The right to access and use the Services is revoked in jurisdictions where it may be prohibited, if any.

Internet Connections; Mobile Access

You understand that ChartOne provides the Services over the Internet and that such connections can be unpredictable, insecure, and unstable, such that ChartOne cannot guarantee uninterrupted access to the Services. ChartOne disclaims all liability in connection with any interruptions to Service access, security incidents, or breaches arising from or attributable to an Internet and/or data connection. You agree to waive any and all claims against ChartOne in connection therewith.

To the extent that you access the Services through a mobile device, you acknowledge and agree that your wireless service carrier's standard charges, data rates and other fees may apply, and that all such charges and fees will be your sole responsibility. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain mobile services may be prohibited or restricted by your carrier, and not all mobile services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the mobile services are available for your mobile device, and what restrictions, if any, may be applicable to your use of such mobile services.

By using the Services, you agree that we may communicate with you regarding the Services by electronic means to your mobile device and that certain information about your usage of the mobile services may be communicated to us.

We may from time to time make updates to the Services. Such updates may require your acceptance of new Terms of Service before you may continue to use the Services.

Licenses Granted

ChartOne grants to you a revocable, non-transferable, nonexclusive, limited and non-assignable license to access and use the Services in accordance with these Terms of Service. ChartOne reserves all other rights in the Services not expressly granted to you.

You grant ChartOne a worldwide, unlimited, irrevocable, royalty-free license to publicly and privately use, publish, reproduce, display, copy, edit, perform, create derivative works from, or otherwise make use of any content you submit through the Services, including but not limited to any videos, photos, graphics, sounds, music, audio transcripts of videos, comments, messages, and other text that are viewable or accessible through the Services (" Content"). You understand and acknowledge that you are responsible for any Content you submit or contribute, and you, not ChartOne, are fully responsible for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any Content. We cannot guarantee the identity of any other users with whom you may interact in the course of using the Services, nor the authenticity of any information that experts may provide about themselves. You acknowledge that all content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.

You grant ChartOne a worldwide, unlimited, irrevocable, royalty-free license to publicly and privately use, distribute, modify, offer for sale or exploit any (i) suggestions, ideas, criticism, or other type of feedback you make relating to the Services and (ii) any topics of interest that you select or other polling data that you provide through watching content through the Services, with no obligation to pay you royalties or any other compensation.

Conduct and Events Guidelines

You may use the Services only for lawful purposes and in accordance with these Terms of Service. Without limiting the generality of the foregoing, you agree to use the Services in accordance with the provisions below:

• You will only use the Services in accordance with the laws of your jurisdiction for personal, non-commercial purposes.

• You will be respectful and considerate of other users and will not harass or threaten other users or violate the rights of any other party, and you will do your part to make the Website a safe and supportive community for all users.

• You will not impersonate someone else or misrepresent your affiliation with someone else.

• You will register for the Services using accurate and current information, and you will not impersonate or attempt to impersonate ChartOne, a ChartOne employee, another user, an expert, or any other person or entity (including, without limitation, by using e-mail addresses or usernames associated with any of the foregoing).

• You will not post Content that infringes another's intellectual property rights.

• You may not decompile, reverse engineer, or otherwise attempt to obtain the source code of any content on the Services.

• You will independently verify the quality, relevance or accuracy of any information posted on the Services by others.

• You will not use, store, copy, upload, display, post, reproduce, modify, translate, republish, distribute, broadcast, transmit, create derivative works from, display, license, sell or otherwise exploit any part of the Services or content on the Services in any form whatsoever other than as expressly permitted under these Terms of Service.

• You will not use contact information received through the Services for phishing, spamming and other unsolicited communications or data collection.

• You will not collect or store any personally identifiable information from the Services from other users of the Services without their express permission.

• You will not submit or post unsolicited promotional content, advertising, political campaigns, contests, raffles or solicitations.

• You will not use the Services in a manner intended to damage, disable, overburden or impair the Services or to disrupt or interfere with another's use of the Services.

• You will not attempt to hack or otherwise gain unauthorized access to the Services or accounts.

• You will not use high volume, automated, or electronic means to access the Services (including without limitation robots, spiders, or scripts).

• You will not affect the display of the Services through use of framing, pop-ups or third-party ads.

• You will not transmit malware, software viruses, Trojan horses, worms or any other malicious application to or through the Services.

• You will not threaten, dox, or otherwise harass other users or experts.

• You will not submit or post information that is inaccurate, false, fraudulent, or misleading, including submissions made under false pretenses.

• You will not submit or post unlawful, harassing, libelous, abusive, threatening, defamatory, vulgar, obscene, racist, harmful, inappropriate, sexually explicit, or otherwise objectionable material of any kind, including but not limited to posting any Content that promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; is violent or threatening or promotes violence or actions that are threatening to any person or entity; and/or promotes illegal or harmful activities or substances.

• You will not use any meta tags or other hidden text or metadata utilizing a ChartOne trademark, logo URL or product name without ChartOne's express written consent.

• You will not forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information.

• You will not act in a manner that violates these Terms of Service.

• You will comply with applicable local, state, national or international laws, statutes, ordinances, rules, regulations or ethical codes governing your jurisdiction.

• You will notify us immediately of any content of the Services that violates these Terms of Service.

We have the right to: (i) remove or refuse to post any Content for any or no reason in our sole discretion; (ii) take any action with respect to any Content that we deem necessary or appropriate in our sole discretion, including if we believe that such Content violates these Terms of Service, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of other users, experts, or the public or could create liability for ChartOne; (iii) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (iv) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services; and (v) terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Service.

YOU WAIVE AND HOLD HARMLESS CHARTONE AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SUCH PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Proprietary Rights

The Services and all past, present and future content of the Services, including all software, hardware and technology used to provide the Services (including our proprietary code and third-party software), user interfaces, materials displayed or performed on the Services, such as text, graphics, articles, photographs, images, illustrations and the design, structure, sequence and "look and feel" of the Services, and all other intellectual property, including all trademarks, service marks, logos, or any other trade name, trademarks, service marks and other distinctive or proprietary brand features of ChartOne, are (i) owned by ChartOne, its licensors or other providers of such material, (ii) protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, (iii) are intended solely for the personal, non-commercial use of our users and experts, and (iv) may only be used in accordance with these Terms of Service.

Using our Services does not give you ownership of any intellectual property rights in the Services or any content on the Services. You may not use content from the Services, including Content, unless you obtain permission from ChartOne and the expert who generated the content, if different from ChartOne, or are otherwise permitted by law. These Terms of Service do not grant you the right to use any of ChartOne's technology or intellectual property. You may not remove, obscure, or alter any copyright or other legal notices displayed in or along with the Services.

No right, title or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by ChartOne. Any use of the Services not expressly permitted by these Terms of Service is a breach of these Terms and may violate copyright, trademark and other laws.

Claims of Copyright Infringement

If you believe that your copyrighted work has been unlawfully copied and is accessible on the Services in a way that constitutes copyright infringement, please send a notice of copyright infringement to:

ChartOne Media LLC

P.O. Box 356

Oyster Bay, NY 11771

Phone: (516) 900-1000

Email: info@tonenetworks.com

The notice should include:

• Your full name and electronic or physical signature.

• Your mailing address, phone number and email address (at which you can be contacted by us or the alleged infringer).

• A statement that you are the owner, or are authorized to act on behalf of the owner, of the copyright that is allegedly infringed, and that the information in your notice is accurate.

• A statement that you have a good faith belief that the disputed use of the copyrighted materials is not authorized by the copyright owner, its agent or by law, such as fair use.

• A description of the copyrighted work(s) that you claim has been infringed.

• A description of the location of the copyrighted materials on the Services.

Electronic Delivery Statement and Your Consent

You agree to receive legal notices and other information concerning ChartOne or the Services electronically, including notice to any email address that you may provide.

Term and Termination

These Terms of Service will remain in effect until terminated by you or ChartOne. We reserve the right to terminate or change the Services or your access to the Services, without notice, at any time and for any reason, including your violation of these Terms of Service or for business reasons. The disclaimer of warranties, limitation of liability, jurisdictional, limitation of time to file claims, indemnification and arbitration provisions survive any termination.

You agree that ChartOne may, for any reason and without notice to you, immediately terminate or otherwise restrict your access to the Services. ChartOne has no obligation to maintain, store, or transfer your information or data that you have posted on or uploaded to the Services.

Disclaimer of Representations and Warranties

THE SERVICES AND ANY ASSOCIATED CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER CHARTONE NOR ANY PERSON ASSOCIATED WITH CHARTONE MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES OR ANY ASSOCIATED CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER CHARTONE NOR ANYONE ASSOCIATED WITH CHARTONE REPRESENTS OR WARRANTS THAT THE SERVICES OR ANY ASSOCIATED CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, UPDATED OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

CHARTONE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

YOUR USE OF THE SERVICES AND ANY CONTENT ON THE SERVICES IS AT YOUR SOLE RISK AND DISCRETION. You may not assert claims for money damages arising from the Services or any associated content against ChartOne, its affiliates, licensors or service providers, or our respective employees, contractors, officers, directors and agents. ChartOne, its affiliates, licensors and service providers, and its respective employees, contractors, officers, directors and agents shall not be liable for any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to personal injury, pain and suffering, emotional distress, or loss of revenue, profits, goodwill or data, whether caused by tort (including negligence), breach of contract or otherwise, even if ChartOne knew or should have known of the possibility of such damages, arising out of or in connection with (i) your use, or inability to use, the Services or any associated content or Content, (ii) any interaction with any third party through or in connection with the Services, including experts and other users, (iii) any information offered or provided within or through the Services, or (iii) any other matter relating to the Services. In no event shall ChartOne, its affiliates, licensors or service providers, or its respective employees, contractors, officers, directors and agents be liable to you in the aggregate (for all potential claims by you) for any damages incurred in excess of one hundred dollars ($100). Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, ChartOne's liability shall be limited to the extent permitted by law.

Indemnification

You are solely legally liable if your use or misuse of the Services or any associated content causes damage to the Services, to you, or to someone or something else. You agree to defend, indemnify, and hold harmless ChartOne, its affiliates, licensors and service providers, and its respective employees, contractors, officers, directors and agents from and against all liabilities, claims, damages, judgment, awards, losses, costs, expenses, fines or fees (including attorney's fees and investigation costs), that arise from or relate to your use or misuse of the Services, violation of these Terms of Service or violation of a third party's rights. ChartOne reserves the right, at ChartOne's own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with ChartOne in asserting any available defenses.

Limitation on Time to File Claims

Any cause of action or claim you may have arising out of or relating to these Terms of Service or the Services must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action is permanently barred.

Choice of Law and Jurisdiction

You agree that the laws of the State of New York and U.S. federal law govern these Terms of Service, your use of the Services, and any claim or dispute that you may have against ChartOne, without regard to New York's conflict of laws rules. You consent to the personal and exclusive jurisdiction of the federal and state courts of New York, New York. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Binding Arbitration

In the rare event you have a dispute with ChartOne, we encourage you to contact us immediately so we can work together toward a satisfactory resolution. If we cannot come to a resolution, you agree that any claims, disputes, demands, counts, controversies, or causes of action between you and ChartOne arising out of or relating to these Terms of Service, the Services, including the enforceability of these Terms of Service or our Privacy Policy or information practices will be finally and exclusively resolved by binding arbitration on an individual basis only (except as stated below). The arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding.

You understand that you are waiving your right to have your claims heard in court by a judge or jury. An arbitration award is as enforceable as a court order and is subject to only limited review by a judge. You also understand and agree that this arbitration provision prevents you from participating as a plaintiff or as a class member in any purported class action or representative proceeding.

Arbitration will be subject to the Federal Arbitration Act, and shall be commenced and conducted by the American Arbitration Association (" AAA") under the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes, as amended by this provision, by one arbitrator that is acceptable to both parties. You can find out more AAA and how to file an arbitration claim at www.adr.org or by calling 800-778-7879.

Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA rules and, where appropriate, limited by the AAA Consumer Rules. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, ChartOne will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent arbitration from being cost-prohibitive. In such case, we will make arrangements to pay all necessary fees directly to the AAA. If the arbitrator determines the claim(s) you assert in the arbitration are frivolous, you agree to reimburse ChartOne for all fees associated with the arbitration paid by ChartOne on your behalf, which you otherwise would be obligated to pay under the AAA's rules.

The arbitration will be conducted through written submission, unless the arbitrator determines that a telephonic hearing is required. Except as otherwise provided in these Terms of Service, you and ChartOne may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. In the event this arbitration provision is held unenforceable by a court, or in the event AAA refuses to arbitrate the dispute, all controversies, disputes, demands, counts, claims, or causes of action between you and ChartOne shall be exclusively brought in the state or federal courts of New York, New York.

Despite this provision, you may file a claim in a small claims court that has jurisdiction to hear the matter.

Severability and Integration

These Terms of Service and any supplemental terms, policies, rules and guidelines posted on the Services constitute the entire agreement between you and ChartOne. If any part of the Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

General Provisions

You may not assign these Terms of Service without ChartOne's prior written approval. ChartOne may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of ChartOne's business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you and ChartOne as a result of these Terms of Service or your use of the Services. Our failure to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by ChartOne in writing.

Contact Information

The Services are operated by ChartOne LLC. All feedback, comments, requests for technical support and other communications relating to the Services should be directed to us at:

ChartOne Media LLC

P.O. Box 356

Oyster Bay, NY 11771

Phone: (516) 900-1000

Email: info@tonenetworks.com

Terms of Service

Last Modified: April 24, 2025

Changes to these Terms of Service

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Registration

Using the Services requires you to create an account and accept our Terms of Service. To create an account, you must provide your name and email address. You may also select one or more areas of interest.

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Information Provided Through the Services

ChartOne makes no representations or warranties and expressly disclaims any and all liability concerning any treatment or action based on the information offered or provided through the Services. ChartOne does not represent or warrant that any such information will meet your expectations and does not make any representations or warranties with respect to the quality of advice provided by experts, and is not responsible for the quality of advice. By using the Services, you acknowledge and agree that (i) ChartOne does not review or endorse any information or advice provided through the Services, and does not have any liability to you with respect to any information or advice provided through the services; (ii) ChartOne does not verify the accuracy of information nor opinions provided by experts; and (iii) while ChartOne researches and curates experts in order to identify their appropriateness, ChartOne does not do background checks on experts and does not verify their credentials, including but not limited to educational degrees received, certifications and/or licenses. ChartOne relies on the experts' representation of themselves on their websites, social media accounts, and in published materials.