GIN Logo

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.

Effective 24 May 2013, version MA/2405/13