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Website Terms Of Service
Terms and Conditions of Use
Please read these terms and conditions
carefully. By accessing this website you are
indicating that you have read, acknowledge and
agree to be bound by these terms and conditions
(also referred to as an “agreement” here). Your
agreement shown by accessing and using this
website is as legally binding as if you signed a
written document. If you do not agree to all
these terms and conditions, do not access this
website.
Kevin W. McClain Investigations, Ltd. and its
affiliates (referred to as “Kevin W. McClain
Investigations, Ltd.” or “us” or “we”) may
change these terms and conditions, and you are
responsible for regularly reviewing and
complying with them. Your continued use of this
website constitutes your agreement to all those
terms and conditions.
PLEASE NOTE that this agreement contains
important sections below, including a provision
requiring you to litigate all disputes relating
to your use of this website in East St. Louis,
Illinois.
General Information
This website comprises various websites and
pages operated by Kevin W. McClain
Investigations, Ltd. and the information
contained therein (together, the "website").
Certain sections of the website may contain
separate terms and conditions, which are in
addition to this agreement. You should read
those additional terms and conditions carefully.
By accessing such sections or pages, you agree
to be bound by those additional terms and
conditions. In the event of a conflict, those
additional terms and conditions will govern your
use of those sections or pages.
We may terminate your access to the website or
any part of it at any time with or without
notice, in our sole discretion.
You may not attempt to gain unauthorized access
to the website, or computer systems or networks
connected to the website, through hacking,
password or data mining, or any other means to
circumvent security procedure. You may not use
bots, spiders or intelligent agent software (or
other methods) for any purpose other than
accessing publicly posted portions of the
website and then only as authorized by the
license we provide to you below under
“Proprietary Rights”. Unauthorized use of our
website and systems, including, but not limited
to, unauthorized entry into Kevin W. McClain
Investigations, Ltd.’s computer networks and
systems, or misuse of password is strictly
prohibited. “Unauthorized use” includes using
the publicly available information for purposes
which are (I) not authorized by this agreement,
or (II) not consistent with the license set out
below in the section titled “Proprietary
Rights”.
You may not use the website in any manner that
could damage, disable, overburden, or impair the
website or any service we provide or interfere
with any other party’s use and enjoyment of the
website or any service we provide.
You are to ensure that any information you
provide to us through the website will be
correct and complete.
The information and materials on the website may
contain errors or inaccuracies, including both
typographical and substantive errors. We reserve
the right, in our sole discretion, without any
obligation and without any notice requirement,
to discontinue, change, improve or correct the
information, materials and descriptions on the
website and to suspend or deny access to the
website for scheduled or unscheduled
maintenance, upgrades, improvements or
corrections. Any dated information is published
as of its date only, and we have no
responsibility to update or amend any such
information.
Disclaimers of Warranty
THE INFORMATION, PRODUCTS AND SERVICES ON THE
WEBSITE ARE PROVIDED ON AN "AS IS," "WHERE IS"
AND "WHERE AVAILABLE" BASIS AND ARE USED ONLY AT
YOUR SOLE RISK.
WE AND OUR AGENTS AND LICENSORS EXPRESSLY
DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES,
INCLUDING WITHOUT LIMITATION, WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, SECURITY, TITLE, NON-INFRINGEMENT, OF
ERROR-FREE OR UNINTERRUPTED SERVICES, OR THAT
THE INFORMATION ON THIS WEBSITE WILL MEET YOUR
NEEDS OR EXPECTATIONS.
WE DO NOT WARRANT, GUARANTY, OR MAKE ANY
REPRESENTATIONS WHATSOEVER, EXPRESS OR IMPLIED,
OR ASSUME ANY LIABILITY TO YOU, INCLUDING
REGARDING (I) THE USE OF OR THE RESULTS OF
ACCESS TO THE WEBSITE OR ANY DELAY OR LOSS OF OR
LIMIT ON ACCESS TO OR USE OF THE WEBSITE, OR
(II) SYSTEM PERFORMANCE AND EFFECTS ON OR
DAMAGES TO SOFTWARE AND HARDWARE IN CONNECTION
WITH ANY USE OF THE WEBSITE. WE SHALL NOT BE
LIABLE FOR ANY HARM CAUSED BY THE TRANSMISSION
THROUGH THE WEBSITE OF A COMPUTER VIRUS, OR
OTHER COMPUTER CODE OR PROGRAMMING DEVICE THAT
MIGHT BE USED TO ACCESS, MODIFY, DELETE, DAMAGE,
CORRUPT, DEACTIVATE, DISABLE, DISRUPT, OR
OTHERWISE IMPEDE IN ANY MANNER THE OPERATION OF
THE WEBSITE OR ANY OF YOUR SOFTWARE, HARDWARE,
DATA OR PROPERTY. EXCEPT AS OTHERWISE REQUIRED
BY LAW, WE SHALL HAVE NO LIABILITY FOR LOSSES
CAUSED BY THE NEGLIGENCE, ACTIONS OR FAILURE TO
ACT OF ANY THIRD PARTY, INCLUDING, BUT NOT
LIMITED TO, YOUR INTERNET ACCESS PROVIDER.
Limitations of Liability
Kevin W. McClain Investigations, Ltd. AND ITS
AGENTS AND LICENSORS SHALL NOT HAVE ANY
RESPONSIBILITY WHATSOEVER AND SHALL NOT BE
LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL,
OR OTHER DAMAGES OR LOST PROFITS OR SAVINGS OR
OTHER ECONOMIC HARM YOU MAY INCUR OR SUFFER
(REGARDLESS OF WHETHER SUCH DAMAGES ARE
REASONABLY FORESEEABLE AND REGARDLESS OF THE
FORM OF ACTION WHETHER IN CONTRACT, WARRANTY,
TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR
OTHERWISE) FROM (I) YOUR ACCESS TO OR USE OF THE
WEBSITE OR ANY RELIANCE BY YOU ON THE WEBSITE,
OR INABILITY TO ACCESS THE WEBSITE, (II) THE
RELIABILITY, ACCURACY, COMPLETENESS OR
TIMELINESS THEREOF, (III) ANY DELAYS OR ERRORS
IN THE TRANSMISSION OR DELIVERY OF ANY
INFORMATION OR ANY PART OF THE WEBSITE, (IV) THE
INTERCEPTION OR USE BY THIRD PARTIES OF ANY
INFORMATION YOU PROVIDE TO US, OR (V) ANY OTHER
REASON.
IN ANY EVENT OUR COMPLETE LIABILITY (AND THAT OF
ANY OF OUR AGENTS OR LICENSORS) TO YOU FOR ANY
REASON IN NO EVENT CUMULATIVELY SHALL TOTAL MORE
THAN $500.00.
Notices
Our notices to you may include notice of
important changes to this agreement. We may send
any notice to any address you provide, including
email addresses, so it is important that all
such information you provide to us be accurate.
Proprietary Rights
All right, title and interest in the website is
the exclusive property of Kevin W. McClain
Investigations, Ltd., except as otherwise
stated. You may not access, modify, copy,
distribute, transmit, display, perform,
reproduce, publish, license, frame, create
derivative works from, transfer, or otherwise
use in whole or in part any part of the website,
except for the purposes expressly provided
herein, without our prior written approval. If
you download any information or software from
the website, you agree that you will not remove
or obscure any copyright or other notices or
legends contained in any such information.
You have a limited, personal, non-transferable,
non-exclusive license to view and copy the
publicly accessible information on this website
for your personal noncommercial use, and only on
one computer. You are not permitted to resell or
transfer any information obtained from this
website to anyone else. This license can be
terminated by us at any time, at which time you
must destroy all copies of the licensed
materials. This license is conditioned on your
continued adherence to all the terms of this
agreement.
Kevin W. McClain Investigations, Ltd., the Kevin
W. McClain Investigations, Ltd. logo and other
Kevin W. McClain Investigations, Ltd. trademarks
which appear on the website are trade names and
trademarks of Kevin W. McClain Investigations,
Ltd. Kevin W. McClain Investigations, Ltd. are
trade names for Kevin W. McClain Investigations,
Ltd. and its subsidiaries and affiliates which
include: Kevin W. McClain Investigations, Ltd.,
an Illinois corporation, which provides
corporate, criminal and personal investigative
services and advice. The names of other actual
companies and third-party products or services
mentioned herein are the trade names or
trademarks of their owners. You may not use any
trademarks for any purpose including, but not
limited to, use as metatags on other sites on
the World Wide Web without the prior written
permission of Kevin W. McClain Investigations,
Ltd or the third party which owns the marks.
Kevin W. McClain Investigations, Ltd. respects
the intellectual property of others and asks
that our users do the same. It is the policy of
Kevin W. McClain Investigations, Ltd. to respond
expeditiously to claims of intellectual property
infringement by promptly processing and
investigating notices of alleged infringement
and taking appropriate actions under the Digital
Millennium Copyright Act and other applicable
intellectual property laws. If you believe that
your copyrighted work is accessible on the
website in a way that constitutes copyright
infringement, you may notify us by providing our
Copyright Agent with the following information:
1) the electronic or physical signature of the
owner of the copyright or of the person
authorized to act on the owner’s behalf; 2)
identification of the copyrighted work or other
intellectual property that you claim is being
infringed; 3) identification of the material
that you claim is infringing; 4) identification
of the URL or other specific location on the
website where the material that you claim is
infringing is located (please be as specific as
possible); 5) your name, address, telephone
number, and email address; 6) a statement by you
that you have a good faith belief that the
disputed use is not authorized by the copyright
owner, its agent, or the law; and 7) a statement
by you, made under penalty of perjury, that the
information in your notice is accurate and that
you are the copyright owner or are authorized to
act on the copyright owner’s behalf.
Kevin W. McClain Investigations, Ltd.’s Agent
for Notice of claims of copyright infringement
on the website is: Kevin W. McClain, Kevin W.
McClain Investigations, Ltd., PO 1434
Centralia, Illinois 62801, (877)532-1152
Use of Links
The website may contain links to and be linked
from third-party websites. These links are
provided only as a convenience and do not imply
an affiliation, sponsorship, endorsement,
approval, investigation, verification or
monitoring by Kevin W. McClain Investigations,
Ltd of any information contained in any
third-party website. We are not responsible for
the information contained on that site or your
use of or inability to use the website. If you
choose to connect to a third-party website,
Kevin W. McClain Investigations, Ltd makes no
warranties, either express or implied,
concerning the content of such site, including
the accuracy, completeness, reliability, or
suitability thereof for any particular purpose,
nor does Kevin W. McClain Investigations, Ltd.
warrant that such site or content is free from
any claims of copyright, trademark, or other
infringement of the rights of third parties or
that such site or content is devoid of viruses
or other contamination. You should also be aware
that the terms and conditions of such site and
the site’s privacy policy may be different from
those applicable to your use of our website.
No Solicitation
The information on the website is made available
for informational purposes only. None of the
information contained in the website constitutes
a solicitation or offer by Kevin W. McClain
Investigations, Ltd. to buy or sell any
securities or other financial instruments or
provide any investment advice. The information
on the website is limited to the dissemination
of general information regarding products and
services. The information and services provided
on the website are not provided to and may not
be used by any person or entity in any
jurisdiction where the provision or use thereof
would be contrary to applicable laws, rules or
regulations of any governmental authority or
regulatory or self-regulatory organization or
clearing organization or where Kevin W. McClain
Investigations, Ltd. is not authorized to
provide such information or services. Some
products and services described in the website
may not be available in all jurisdictions or to
all clients.
Privacy
Kevin W. McClain Investigations, Ltd. respects
your privacy. See the Privacy Policy for an
important description of the information,
including your personal information, we collect
from you, and what we do with it. Your agreement
to these terms and conditions includes an
agreement to our privacy policy.
Indemnification
You hereby indemnify and hold harmless Kevin W.
McClain Investigations, Ltd and its directors,
officers, employees, control persons, vendors,
licensors and agents, from and against any and
all claims, actions, proceedings, losses,
liabilities, damages, costs and expenses
(including reasonable attorney’s and experts’
fees and costs) arising out of or related to (i)
any use or access by you (or on your behalf) of
the website; (ii) any breach by you of any
agreements, or representations and warranties
contained in these terms and conditions, (iii)
any access to or use of the website by you in
violation of any rights of Kevin W. McClain
Investigations, Ltd. or any third party,
including, but not limited to, copyright,
patent, trade secret, trademark, or other
intellectual property rights and publicity and
privacy rights, (iv) any access to or use of the
website by you in violation of any applicable
law, rule or regulation, or (v) any unauthorized
access of, or through, the website to any
computer system.
Full and Complete Agreement Regarding Website
These terms and conditions represent the
complete and exclusive statement of the
agreement between you and us regarding your
rights to access and use the website, and
supersedes all prior agreements and
representations (whether written or oral),
regarding this subject matter, except as is
otherwise provided herein. This agreement is in
addition to, and does not nullify, any other
agreement between you and Kevin W. McClain
Investigations, Ltd governing the conduct of
your relationship with Kevin W. McClain
Investigations, Ltd..
Other Terms
No waiver, modification or amendment of any of
these terms and conditions shall be effective
against Kevin W. McClain Investigations, Ltd.
unless it is in writing and signed by an
authorized official of Kevin W. McClain
Investigations, Ltd. We do not waive any power
or right under this agreement even if we don’t
always insist on strict compliance with any of
these terms and conditions, or if we delay or
fail to exercise any power or right given to us
in this agreement.
All rights and remedies given to Kevin W.
McClain Investigations, Ltd. in these terms and
conditions are cumulative and not exclusive of
any other rights or remedies which Kevin W.
McClain Investigations, Ltd. otherwise has at
law or equity.
These terms and conditions shall be binding upon
you and your executors, heirs, successors and
assigns.
These terms and conditions and your rights and
obligations hereunder may not be assigned by you
without the prior written permission of Kevin W.
McClain Investigations, Ltd. and shall inure to
the benefit of Kevin W. McClain Investigations,
Ltd.’s successors and assigns whether by merger,
consolidation or otherwise. Kevin W. McClain
Investigations, Ltd may assign this agreement or
any of its rights or obligations under these
terms and conditions.
Any cause of action you may have with respect to
your use of the website must be commenced within
one (1) year after the claim or cause of action
arises. If for any reason a court of competent
jurisdiction finds any provision of these terms
and conditions to be unenforceable, that
provision shall be enforced to the maximum
extent permissible so as to effect the intent of
these terms and conditions, and the remainder of
these terms and conditions shall continue in
full force and effect. A printed version of
these terms and conditions shall be admissible
in judicial or administrative proceedings.
Choice of Law and Personal Jurisdiction; Jury
Trial
This website is created and controlled by us in
the State of Illinois, U.S.A. The laws of the
State of Illinois govern any disputes between
you and us arising in connection with this
agreement, without giving effect to any
principles of conflicts of laws.
SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION
OR PROCEEDING ARISING OUT OF OR RELATED TO THIS
AGREEMENT SHALL BE IN AN APPROPRIATE STATE OR
FEDERAL COURT LOCATED IN THE COUNTY OF LOS
ANGELES, STATE OF ILLINOIS AND THE PARTIES
UNCONDITIONALLY WAIVE THEIR RESPECTIVE RIGHTS TO
A JURY TRIAL.
I HAVE READ AND UNDERSTAND AND AGREE TO BE BOUND
BY THESE TERMS AND CONDITIONS. |
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