Terms of Use
This site is owned and operated by Global
Information Network FDN (“GIN”) for your personal
use and information. By accessing and browsing this site, you are
accepting, and are bound by, all of the following terms and conditions.
As used herein, GIN shall include Global
Information Network FDN, its affiliates and related companies, and each
of their subscribers, agents, directors, officers, employees and
assigns.
GIN has the right, but not the obligation, to
update the site and/or these Terms of Use at any time without advance
notice. Since you are bound by those revisions, you should review the
Terms of Use every time you visit the site.
Intention of the Site
The information contained on this site, as well as
any other information provided directly or indirectly by GIN, 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
GIN.
GIN reserves the right to reject any membership or
affiliate application for any reason or no reason at all, in its sole
discretion. GIN may modify, suspend, discontinue, or restrict the use
of any portion of this site, without liability. GIN may deny access to
any person or user at any time for any reason.
Disclaimers and Warranty
While GIN 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.
GIN shall provide information in the manner,
format, and at such times as GIN chooses, in its sole discretion. GIN
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 GIN IS AT YOUR
OWN RISK. GIN ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR
ANY RESULTING DAMAGES TO, OR VIRUSES THAT MAY AFFECT, YOUR COMPUTER
EQUIPMENT OR OTHER PROPERTY. GIN 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 GIN 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. GIN 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 GIN 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 GIN 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.
Intellectual Property
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 GIN and is protected by copyright, trademark, and other intellectual
property laws. As between you and GIN, GIN 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.
GIN 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.
Indemnification
You agree to indemnify, defend and hold harmless,
at your sole expense, GIN from any claim or action brought by a third
party relating to (a) your use of the site and/or (b) your breach of
the Terms of Use.
Termination
The Terms of Use is a binding agreement between
you and GIN, and is effective until terminated by either party. If you
are dissatisfied with the site, these Terms of Use or the Privacy
Policy, you may terminate this agreement at any time. The agreement
will automatically terminate if you do not comply with these Terms of
Use. To terminate the agreement or if the agreement is automatically
terminated, you must destroy all material related to or obtained from
the site.
Arbitration
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 GIN 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.
Miscellaneous
These Terms of Use will be governed by and
construed in accordance with the laws of the country of Nevis, without
regard to its choice of law provisions.
If for any reason, any provision of these Terms of
Use is found unenforceable, that provision shall be enforced to the
maximum extent permissible so as to effect the intent of the parties as
reflected in that provision, and the remainder of these Terms of Use
shall continue in full force and effect. The failure of GIN to enforce
or exercise any provisions of these Terms of Use shall not constitute a
waiver of that right or provision.
|