As used herein, TMC shall include The McClain Companies , its affiliates and related companies, and each of their subscribers, agents, directors, officers, employees and assigns.
Intention of the Site
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.
TMC reserves the right to reject any membership or affiliate application for any reason or no reason at all, in its sole discretion. TMC may modify, suspend, discontinue, or restrict the use of any portion of this site, without liability. TMC may deny access to any person or user at any time for any reason.
Disclaimers and Warranty
While TMC hopes to provide 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.
TMC shall provide information 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 or other correspondence will be answered or by whom.
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.
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, NONINFRINGEMENT 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.
Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER TMC NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE 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.
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.
You may download one copy of the site on a single computer for your personal, noncommercial use only, provided you maintain all copyright and trademark notices. You may not copy, post, distribute, or use the site content in any other way.
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.
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.
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 binding arbitration with a single arbitrator.
The party that wants to initiate arbitration shall call a well-established arbitration organization in the country of Nevis and request arbitration with a single arbitrator to begin 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.
Both parties agree to the following arbitration format:
- The arbitration shall be attended by each party either in person or via telephone with or without attorneys present.
- Each party will privately discuss with the arbitrator the facts as they see it, and their viewpoint regarding the disagreement.
- The arbitrator will listen to both parties and ask questions or request information to clarify or verify facts.
- The arbitrator will then take all the facts and make a decision, which will be binding, within 24 hours.
- 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.
- The arbitrator may award compensatory damages and legal fees, as he or she deems appropriate.
- The arbitration award shall be final and binding upon both parties and may be enforced in any court of competent jurisdiction.
Effective 24 May 2015, version MA/2405/13