2. CONTRACT2.1.This is a legally binding agreement between you and The McClain Companies (collectively known for purposes of this contract as TMC), hereafter referred to as TMC. TMC is a copyrighted brand owned, operated and managed by The McClain Companies. If you do not agree with all of the terms and conditions contained herein, do not submit an application to become a Member of TMC.
2.2. As used herein, TMC shall include their associates and related companies, and each of their subscribers, agents, directors, officers, employees, contractors and assigns.
2.3. By submitting an application to become a Member of TMC, you are representing and warranting that you have reviewed, fully understand and agree to all of the following terms and conditions.
3. MEMBERSHIP REQUIREMENTS3.1. You represent and warrant that you have been referred to TMC by a Member and/or an Associate that is currently in good standing.
3.2. You represent and warrant that if you are an employee, agent or other representative of, or otherwise affiliated with, any media outlet or organization, including without limitation any news or entertainment publication or broadcast agency, you agree to comply with the terms stated in 3.5.
3.3. You represent and warrant that you are not falsely representing yourself as a consumer and you further represent that you will not share material, ideas, or intellectual property from TMC in any way.
3.4. TMC reserves the right to reject any Membership Application for any reason or no reason at all, in its sole discretion. Approval is at the sole discretion of the officers of TMC. Any person or agent who falsely represents their intention when joining the TMC Associate or Member organization is subject to immediate termination from the organization.
3.5. Any sponsor who knowingly endorses a Member who is intentionally defrauding and/or not pursuing the best interests of TMC is subject to suspension or termination of their Membership. If you suspect that you may in violation of these terms, please report the issue to TMC Headquarters immediately at Support@TMCteam
4. INFORMATION & CONFIDENTIALITY4.1. All transactions with TMC shall be in U.S. dollars and will be charged by TMC. All payments made to TMC are subject to review prior to any refund and shall be at the discretion of TMC management.
4.2. Payment of fees to TMC does not entitle Members to any ownership or equity interest in TMC.
4.3. The information contained on this site, as well as any other information provided directly or indirectly by TMC, is for your personal information and education only. None of the information is intended to invite, induce, or encourage any person to make a legal, medical, financial, or investment decision. You should consult with a licensed professional in the appropriate field before acting upon any information or recommendations that are made directly or indirectly by TMC.
4.4. The information you receive as a result of your Membership in TMC shall be treated as Confidential Information, whether or not it is labeled as such. You agree not to copy, exploit, sell, distribute or otherwise disclose any Confidential Information to anyone except (a) to other Members of TMC that are in good standing or (b) to the extent required by judicial or governmental order provided that you have given TMC reasonable written notice prior to such disclosure to allow TMC a reasonable opportunity to protect the Confidential Information.
4.5. You acknowledge that if you breach any of the confidentiality obligations, any of the representations made herein, or the Code of Conduct, TMC will suffer irreparable harm for which monetary damages would be inadequate. You agree that, in the event of such a breach, your Membership will be cancelled immediately and TMC will be entitled to extraordinary relief in any court of competent jurisdiction, including, but not limited to, a temporary restraining order and preliminary and permanent injunctive relief to protect its rights, in addition to any and all remedies available at law. You agree to assign to TMC your right to bring any action for violation of any proprietary rights against any third parties in possession of Confidential Information received by you.
4.6. You agree to never share your TMC Membership account credentials with anyone for any reason. You agree to never allow anyone for any reason to log into your TMC account, or to impersonate you in any way, and to maintain the confidentiality of the TMC web property.
5. DISCLAIMERS & WARRANTY5.1. While TMC hopes to provide its Members with accurate and up-to-date information, we make no warranties or representations as to the accuracy of the information and assume no liability or responsibility for any error or omission in the information. No one shall be entitled to claim that there is a duty to update or correct any such information.
5.2. TMC shall provide information directly or indirectly to its Members in the manner, format, and at such times as TMC chooses, in its sole discretion. TMC makes no representations, warranties, or guarantees as to the amount of information that will be provided, when or how often that information will be provided, if or when requests from Members will be answered or by whom, if or when Members will receive mentoring or by whom, and if, when or where, webinars or other seminars or workshops will be offered.
5.3. TMC may modify, suspend, discontinue, or restrict the use of any portion of its website, without liability. TMC may deny access to any person or user at any time for any reason.
5.4. TMC does not represent, warrant or guarantee that, as a result of your connection with TMC or the information, products or services you receive directly or indirectly from TMC, THAT you will receive any money, bonuses, PROFITS, LOANS, CREDIT, personal or real property, business offers or anything else of monetary value, minimize your tax liability, improve your health, lose weight, or live a longer, healthier, or happier life. THIS INFORMATION IS NOT INTENDED TO REPLACE PROFESSIONAL ADVICE.
5.5. Your use of this site and any other information, products and services provided directly or indirectly by TMC is at your own risk. TMC assumes no responsibility, and shall not be liable for any resulting damages to, or viruses that may affect your computer equipment or other property. TMC does not represent or warrant that use OF such information will not infringe on the rights of third parties.
5.6. ALL OF THE INFORMATION, SERVICES AND PRODUCTS PROVIDED DIRECTLY OR INDIRECTLY BY TMC IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE REGARDING SUITABILITY OF THE INFORMATION, ACCURACY, RELIABILITY, COMPLETENESS, AND TIMELINESS. TMC DOES NOT WARRANT THAT THIS SITE IS FREE FROM ALL BUGS, ERRORS OR OMISSIONS. YOUR USE OF THIS SITE IS AT YOUR OWN RISK.
6. LIMITATION OF LIABILITY6.1. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER TMC NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING ITS WEBSITE SHALL be liable for (1) LOST PROFITS OR ANY OTHER INCIDENTAL OR Consequential DAMAGES, REGARDLESS OF THE FORM OF THE ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF TMC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (2) punitive OR SPECIAL damages; OR (3) DAMAGES PROXIMATELY CAUSED BY YOUR FAILURE OR REFUSAL TO PERFORM ANY OBLIGATION UNDER THIS AGREEMENT OR AS REQUIRED BY LAW.
8. CANCELLATION & REMEDIES8.1. TMC reserves the right to cancel your Membership at any time for any reason or no reason at all, in its sole discretion.
8.2. You may cancel your Membership at any time by visiting the Account Cancellation page located in the Membership section of the TMC website. Canceling your Membership account will not affect your free Associate account. Please see section 13 for Associate Requirements.
8.3. If your membership is cancelled for any reason, you agree that you will return the original and all copies of Confidential Information to TMC within 10 business days of the cancellation. If you ever wish to come back to TMC, you agree to submit a new Membership application that TMC finds acceptable in its sole discretion. If your new application is accepted, you are required to pay the appropriate enrollment fee at Level 1 and you will be treated as a new Member. Upon cancellation and rejoining, you will forfeit any previous status, personally recruited Members, Membership Levels, and any associated permissions or recognition, unless otherwise decided by an authorized agent of the club in writing.
8.4. You agree that you, the company you represent, any of its officers and directors, or any affiliated companies and their officers and directors, will never file suit for any reason, at any time, in any court, against TMC or any of its Members, Associates, staff, owners, agents, directors, officers, and assigns.
8.5. Except as otherwise provided herein, if either party ever has a disagreement regarding any issue, both parties agree to try to work out such disagreements in a fair and reasonable manner. If the parties cannot work out their disagreements, your only remedy is to request a binding arbitration with a single arbitrator.
8.6. The party that wants to initiate arbitration shall call a well-established arbitration organization located in the United States and request arbitration with a single arbitrator and TMC on a date and time that is mutually agreeable to both parties and the arbitrator, but no later than fourteen business days from the date of the request. The party that initiates the arbitration will notify the other party in writing of the arbitration within one day of making that request.
8.7. Both parties agree to the following arbitration format
8.8. The arbitration shall be attended by each party either in person or via telephone with or without attorneys present.
8.9. Each party will privately discuss with the arbitrator the facts as they see it, and their viewpoint regarding the disagreement.
8.10. The arbitrator will listen to both parties and ask questions or request information to clarify or verify facts.
8.11. The arbitrator will then take all the facts and make a decision, which will be binding, within 24 hours.
8.12. The arbitrator will be required to base his decision not on the technicalities of the law, or the technicalities or wording in any specific contract, but he will base his decision on "fairness and equality", and "under the spirit of true justice and original intention,” and what is "fair" for all parties concerned today.
8.13. The arbitrator may award compensatory damages and legal fees, as he or she deems appropriate.
8.14. The arbitration award shall be final and binding upon both parties and may be enforced in any court of competent jurisdiction.
9. INTELLECTUAL PROPERTY9.1. All material on this website, including, but not limited to, text, graphics, logos, audio clips, video clips, links, digital downloads, and trademarks is owned, controlled by or licensed by TMC and is protected by copyright, trademark, and other intellectual property laws. As between you and TMC, TMC exclusively owns all rights, titles and interest in and to the site content. You agree not to do anything that might impair such rights, nor will you assert ownership claim in any of the above-referenced intellectual property or in the site content.
9.2. You may download one copy of the site on a single computer for your personal, non-commercial use only, provided you maintain all copyright and trademark notices. No other use is permitted without the prior written consent of TMC.
9.3. The site may link to or frame third party websites. Framing allows a visitor to view content provided (and managed) by a third party without losing access to this site's navigational menu. TMC is not responsible or liable for content, products or services on framed sites or any other third party websites and does not promote or endorse any third party websites or the content on those sites.
10.4. I give TMC express permission to call any and all telephone numbers listed on my account, to speak to me in person, or to deliver a previously recorded message, for any purpose including but not limited to informational, promotional, or the marketing of new goods or services. I give TMC expressed permission to call my telephone numbers with such calls, even if those numbers are registered on national and/or state do not call lists, while I am an Associate and/or Member in TMC. I also give TMC express permission to contact me via email, direct mail, or any other method of communication, for any reason, while I am an Associate or Member of TMC.
10.5. I give TMC express permission to use any testimonial I submit, in any format for sales and marketing promotion including, but not limited to, use on the TMC website, in written mail and email materials, audio and video productions, any form of social media, and any other method of communication.
11. MEMBER CODE OF CONDUCT11.1. All TMC Members & Associates agree to strictly adhere to the TMC Code of Conduct. Violation of this Code of Conduct may, at the discretion of TMC, result in the termination of your account.
11.2. I agree to abide by this Code of Conduct at all times.
11.3. I agree to adhere to all TMC guidelines, rules, policies and procedures.
11.4. I acknowledge that this Code of Conduct may change, with or without notice, and that it is my responsibility to regularly review and understand this Code of Conduct.
11.5. I acknowledge that any violation of this Code of Conduct may, at the discretion of TMC and in accordance with TMC procedures, result in the termination of my account.
11.6. I agree that my actions will be in compliance with all applicable laws and regulations.
11.7. I acknowledge that I am not able to participate in, or benefit by, any promotion that is prohibited by applicable law.
11.8. I agree to never jeopardize the reputation of TMC, any of its Members and Associates, staff, speakers, owners, presenters, and contractors, in any way, including but not limited to using any social media platform (Facebook, Twitter, Google+, etc.), email, telephone, print, or public announcement.
11.9. I agree never to attempt entry to a TMC event without registration and/or payment.
11.10. I agree to conduct myself in a professional and ethical manner at all times.
11.11. I agree to make an honest and fair representation of TMC.
11.12. I agree to make an honest and fair representation of any current or future Referral or Bonus Programs.
11.13. I agree to never make any false income claims or suggestions.
11.14. I agree to never solicit, suggest, entice, in any way, any Member and/or Associate to change to another sponsor.
11.15. I agree to abide by all promotions’ terms and conditions at all times.
11.16. I agree to maintain a positive and professional relationship with all whom I have sponsored.
11.17. I agree to never solicit Members and/or Associates, directly or indirectly, to promote other business opportunities, loans, investments, products, or services.
11.18. I agree to never use the TMC website, my account, or status within TMC for any fraudulent purpose, including but not limited to allowing non-Members and or Associates access to the TMC website or any of TMC’s published information.
11.19. I agree to never promote illegal activity of any kind.
11.20. I agree to never harass any Member and/or Associate in any way, including but not limited to physical stalking, bullying, on-line stalking, using email or telephone calls.
11.21. I agree to never misrepresent myself, or my status within the organization, including my relationship with staff, speakers, owners, presenters, contractors, or other Members or Associates.
11.22. I acknowledge that TMC, at its sole discretion, can terminate my Associate account, in accordance with TMC procedures, if TMC believes that I have violated this Code of Conduct.
12.1.1. Warning- A written warning to an Associate, or group of Associates, identifying the violation and offering a fair amount of time to remedy the violation. Letter shall also advise that failure to comply may result in more severe sanctions.
12.1.2. Probation- a period of probation can be issued at the sole discretion of TMC. TMC shall disclose to an Associate the specific reason(s) for the probation. Should an Associate continue to violate the reason for the probation, or violate any other clause herein during the period of probation, it may result in more severe sanctions.
12.1.3. Suspension- a period of suspension can be issued at the sole discretion of TMC. TMC shall disclose to an Associate the specific reason(s) for the suspension. During a suspension, all Associate privileges are suspended, including but not limited to commissions, website access, Associate codes, promotions and eligibility for promotions.
12.1.4. Expulsion- TMC at its sole discretion can expel an Associate for any violation. TMC shall disclose to an Associate the specific reason for expulsion. Once an Associate is expelled, the Associate’s downline will shift up to the expelled Associate’s sponsor. The expelled Associate shall no longer have any right to commissions, website access, or any other Associate privileges. Expelled Associates may never sign up as a Member and/or Associate.
12.2. Appeals- Associates may appeal, in writing, any of the above sanctions. To appeal, an Associate shall do all of the following:
12.2.1. Submit a written statement addressing the specific accusation(s) against the Associate.
12.2.2. Submit any/all evidence pertaining to the specific accusation(s).
12.2.3. Be available for a telephone or in-person interview to discuss the accusation(s).
12.2.4. Act in a professional manner at all times.
12.3. During an appeal, the sanction imposed shall stay in force until a final verdict has been rendered.
13. FREE ASSOCIATE REQUIREMENTS13.1. An Associate Account in TMC is held to the same terms as are outlined in this Member Agreement.
13.2. To become and Associate of TMC, an applicant must:
13.2.1. Be at least 18 years of age, or the minimum legal age in an applicant’s jurisdiction. Applicants who are less than 18 years of age, or below the legal age in the applicant’s jurisdiction, will need to provide written permission from a parent or legal guardian to join the club.
13.2.2. Be legally able to enter into legally-binding agreements or be cosigned by a legal guardian.
13.3. I understand and acknowledge that in order to be maintain my Associate status that I must log in to my Associate account at least once each calendar month. I understand and acknowledge that failure to log in to my Associate account for 60 consecutive days may lead to the cancellation of my Associate account, including any future opportunity to earn or be eligible for bonuses.
13.4. Should an Associate account be terminated at any time, and for any reason, that account may be deleted from the succession tree and all first-level Members and/or Associates (and their down lines) may be placed under the terminated account holder’s sponsor without notification from TMC.
13.5. There is no fee associated with becoming an Associate. However, you understand that as an Associate, you are not a “Member” of TMC nor are you entitled to access any portion of the site that is for “Members Only,” or any other information, money making opportunities or other perqs except as expressly stated herein. If you are already a Member of TMC, you are automatically enrolled as an Associate.
14. REFERRAL BONUS PROGRAM14.1. The Referral Bonus Program is a single-level, one-time program that allows you to be rewarded for referring individuals to become Members of TMC.
14.2 The Referral Bonus Program is published on the public TMC website.
14.3. Associates can earn a bonus on every personally sponsored individual that becomes a Member. In order to receive the Referral Bonus, the referred individual must become a new Member and state that you were the individual that referred him or her to TMC. In addition, the referred individual must be approved by TMC and actually become a Member of TMC.
14.4. You may also enroll Associates who do not become Members; however, you will not receive any bonuses for any individuals who become Associates, but not Members.
14.5. All earnings paid by TMC within the United States will be reported to the IRS and earners will be issued a 1099 after the close of a tax year. All earners in non-US countries are responsible for reporting earnings based on their country’s tax regulations.
Updated 1 November, 2014