Terms Of Use

June 1, 2016



Attention By Accessing www.maclear-grc.com (“The Website’’) You Accept And Agree To Be Legally Bound By These Terms Of Use/Disclaimer And Copyright (Collectively “Terms Of Use”). If You Do Not Agree To These Please Do Not Use The Website.

The references used in these Terms of Use do not affect its interpretation. The reference to a “person” is a reference to an individual, a body corporate and an unincorporated association of persons. “You” means a user of this Maclear Website. “We” means Maclear LLC and its associated and Group companies (“Maclear”). The Maclear Website is a group-wide site that includes information and material relating to the members of the Maclear Group and their businesses. The Website is provided by Maclear LLC, a company incorporated under the laws of USA, registered in Delaware under number 4795734 with their registered offices at 6607 Muirwood Court, Lisle, Illinois 60532, USA respectively. As a condition of your use of this Website, you expressly agree not to use the Website or the Website Information for any purpose that is unlawful or prohibited by these Terms of Use. You also agree not to use this Website in any manner that could damage, disable, overload or impair the operation of this Website or use by third parties.

These Terms of Use as well as the information and materials contained in the Maclear Website are subject to change from time to time and without notice at Maclear’s discretion. Any modifications are effective when posted here. Maclear may, at its own discretion, at any time terminate your access to this Website. Access to the Website may be monitored by Maclear.

To the fullest extent permitted by law, in no event shall Maclear, third party content provider or any of its directors, employees or agents have any liability whatsoever to any person for any direct or indirect loss, liability, cost, claim, expense or damage of any kind, whether in contract or in tort, including negligence, or otherwise, arising out of or related to the use of all or part of these web pages, foreseeable or otherwise. Neither Maclear, or any third party content provider, nor any of their directors, employees or agents will be liable for any damage or loss that may be caused to any equipment or software due to any viruses, defects or malfunctions in connection with the access to, downloads from or use of the Website whether based on manual access, subscriptions, RSS-feeds or otherwise.

All Intellectual Property rights (“IP”), title and interest (“IP” includes but is not restricted to copyrights, trademarks, patents, database rights, know-how, registered or unregistered confidential information as well as any other property or right applied for or otherwise existing anywhere in the world) in all information and content (including all text, data, graphics and logos) on the Maclear Website belongs explicitly and unequivocally to Maclear or the relevant third party provider. These materials are confidential and proprietary to Maclear and relevant third parties where applicable, and no part of these materials should be reproduced, published in any form by any means, electronic or mechanical, including photocopy or any information storage or retrieval system, nor should the materials be disclosed to third parties without the express written authorization from Maclear. Whilst Maclear maintains IP rights it consents to normal downloading, copying and printing of individual pages and/or sections of the Website for personal or internal use only, and provided that in consideration for this consent, all such downloads, electronic copies and print outs retain all applicable copyright or other proprietary notices. All users must not, without limitation, modify, copy, transmit, distribute, display, perform, reproduce, publish, license, frame, create derivative works from, transfer or otherwise use in any other way for commercial or public purposes in whole or in part any information, text, graphics, images, video clips, directories, databases, listings or software obtained from the Maclear Website without the prior written permission of Maclear. Systematic retrieval of content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through automatic devices or manual processes) or creating links to the Maclear Website without written permission from Maclear is prohibited. You agree not to import, export, re-export or transfer, directly or indirectly, any part of this Website or any Website Information either originating from Maclear or third party. Third Party documents and other material have been produced on this Website with the permission of the third party copyright owners. The onus is on you to check copyright notices on or in respect of individual Third Party documents and the restrictions therein.

A link to the Maclear home page as a means of reference or in the normal course of business is acceptable, however, a link to any other page on the Website is not authorized without the prior express written consent of Maclear and Maclear reserves the right to withdraw this consent at any time at its discretion. The use of any of Maclear’s proprietary logos, marks or other distinctive graphics, video or audio material in your links is strictly prohibited. Any reference to or link with the Website is prohibited if it were to (a) cause confusion, mistake or deception; (b)infringe or dilute any trademarks or trade names; (c) construe or be seen to imply affiliation with or endorsement or sponsorship by Maclear; or (d) be in violation of any applicable law.

Licensed customers, via passwords issued by Maclear, may have access to or receive restricted product information available on this Website. By its very nature this restricted information is considered confidential and proprietary information of Maclear. If you are a registered customer or a representative of a registered customer, Maclear authorizes you to download, copy, distribute and use the restricted information on a non-commercial basis for yourself or, if applicable, only within the internal organization, and only for the authorized purposes. Application for and issuance of a registration password is conditional on the customer’s use of the information in accordance with the terms of their license, product or service agreement. Any unauthorized use of the password must be immediately notified to Maclear and passwords must not be shared with or transferred to unauthorized parties. You are responsible for use of your password. You will not attempt to gain unauthorized access to any Website information or area within this Website. Software that may be available for download from this Website is the copyrighted property of Maclear and/or its third party content providers. Any use or reproductions of any such software and warranties as to such software, if any, are governed by the terms of the license agreement applicable to that software. Any use of any other product or service and warranties as to such product or service purchased by you using, or in connection with, this Website, if any, is governed by the terms of the agreement applicable to that product or service.

The information and materials contained on the Maclear Website are provided “as is” and “as available”. Maclear and third party content providers makes no representations or warranties of any kind, either express or implied, with respect to the information and functionality contained in the Website, including but not limited to warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, Maclear does not warrant the accuracy, timeliness, completeness, reliability or availability of the Website or the information or results obtained from use of the Website, or that the Maclear Website is free from errors, viruses, worms, trojans and other items of a destructive nature. Neither Maclear, or any third party content provider, nor any of their directors, employees or agents shall be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, denial of service attacks, date data processing failures, telecommunications or Internet problems, utility failures or problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war or other like causes beyond the reasonable control of Maclear. Maclear shall have no responsibility to provide access to this Website if the Website is interrupted by any such cause. Maclear may discontinue providing access to this Website at any time.

The Maclear Website and all information and functionality contained within it are not directed at or intended for use by any person resident or located in any jurisdiction where (1) the distribution of such information or functionality is contrary to the laws of such jurisdiction or (2) such distribution is prohibited without obtaining the necessary licenses or authorizations by the relevant branch, subsidiary or affiliate office of Maclear and such licenses or authorizations have not been obtained. Please consult your local Maclear representative for information about products, programs or services that may be available in your country.

Certain information or link to third party websites available on this Website is provided by third party content providers, particularly information about such other parties. The content and links are provided for information purposes only .Maclear has no responsibility for such content and does not guarantee the accuracy, integrity or quality of such content and that all such information, data, text, software, music, sound, photographs, graphics, video, messages or other materials are the sole responsibility of the party who originated it. In no event is the inclusion of a statement about another party, a reference to such other party or a web link to another party’s Website an endorsement of such other party, their products or their services. Links to external Websites and RSS-feeds from external Websites are not monitored or maintained by us.

The Maclear Website may contain statements that constitute “forward looking statements”. While these forward looking statements may represent Maclear’s judgment and future expectations, a number of risks, uncertainties and other important factors could cause actual developments and results to differ materially from Maclear’s expectations. Maclear is under no obligation to (and expressly disclaims any such obligation to) update or alter its forward looking statements whether as a result of new information, future events, or otherwise. Maclear makes no commitment to develop, provide or market any software, service or product discussed on this Website, and you shall not rely on the information provided or the prospect of availability of any software, service or product currently in development or currently anticipated to be made available in the future. The Website may include information about future Maclear or other events, such information may not be accurate. For example, an event is cancelled due to an insufficient number of registrations after the event information has been placed on this Website. Maclear is under no obligation to update or alter its information about future events as a result of new or revised information. Therefore, please verify all event information directly with the event organizer before taking any steps in reliance on such information on this Website. Maclear will not be liable for any costs incurred based on wrong event information on this Website.

The Maclear Website may include information about enterprise, governance, risk and compliance related topics. This may be incomplete or not entirely correct. Maclear allows storytelling, opinions and pictures on the Website. Users must not understand them as statement of facts. Maclear does not wish and is under no obligation to verify the content of stories or opinions or the use of pictures on this Website. The liability of Maclear for any required accuracy or completeness of stories, the defensibleness of opinions and the appropriateness of the use of pictures shall be excluded to the extent permitted by applicable law.

The Maclear Website includes various functionalities, including, but not limited to, commenting, subscription, RSS, ordering, downloading and printing. Please note that certain functionalities of this Website may not work, unless you have installed appropriate software on your local station. It is the sole responsibility of each user to install the necessary software in order to effectively use the Website.

The online recruitment tool may allow for electronic applications. Any application submitted for a position at any company within the Maclear Group advertised in the careers section of this Website, your résumé and other information and documents you provide to us will be used solely for considering your application and for recruitment purposes, as set out in the Privacy Policy. The acknowledgment of an application does not signify verification of the content, acceptance of the application or offer of employment or engagement. Maclear is not obliged to accept any applications. Maclear is an equal opportunity employer (in accordance with applicable legislation). They do not discriminate on the grounds of gender, race, ethnic origin, age, religion, sexual orientation, disability or any other basis covered by local legislations. All employment related decisions are made entirely on merit.

To the extent that any provision of these Terms of Use is found by any competent court or authority to be invalid, unlawful or unenforceable in any jurisdiction, the court shall reform such provision so as to render it enforceable. If it is not possible to reform such provision so as to make it enforceable, then that provision shall be deemed not to be part of this disclaimer but such finding shall not affect the validity, lawfulness or enforceability of the remainder of these Terms of Use in that jurisdiction, nor shall it affect the validity, lawfulness or enforceability of these Terms of Use in any other jurisdiction. Certain web pages or areas on the Maclear Website may contain additional terms, conditions, disclosures and disclaimers (“Additional Terms”). In the event of a conflict between these Terms of Use and the Additional Terms, the Additional Terms will govern for those web pages or areas.

We may exercise our rights under these Terms of Use as often as necessary. They are cumulative to and not exclusive of rights or remedies provided by law. They may be waived only in writing and specifically. Any delay in the exercise or non-exercise of such right cannot be construed to be a waiver of that right. Any express or implied waiver of any of the provisions or of any breach of or default in performing any of the provisions of these Terms of Use will not constitute a continuing waiver and that waiver will not prevent Maclear from subsequently enforcing any of the provisions of these Terms of Use not waived or from acting on any subsequent breach of or default under any of the provisions of these Terms of Use.

You agree to ensure that all comments you send to, post on, or otherwise transmit to or from this Website by any means are not of a nature to result in any civil or criminal liability, nor illegal, indecent, defamatory, libelous, obscene, of a pornographic nature or untruthful. All such aforementioned comments must comply with all applicable laws and regulations and should not infringe the IP or other rights of Maclear or any third party, must not be defamatory, unreliable or misleading or otherwise objectionable. All such information, material or idea you submit to this Website by any means will be treated as non-confidential and non-proprietary and may be used by Maclear for any purpose whatsoever, including without limitation the development and/or provision of products and services except that all personal data submitted to this Website will be used by in accordance with its Privacy Policy.

By using and continue to use this Website you agree to release, defend, indemnify and hold Maclear harmless from and against any and all claims, liabilities, damages, losses or expenses, including reasonable legal fees and costs, arising out of or in any way connected with your access to or use of the Maclear Website or any Website accessed via or by way of link through this Website.

Any notice or other communication to Maclear, its Directors or employees given under or in connection with these Terms of Use will be in English. All other documents provided under or in connection with these Terms of Use will be in English. A document in another language must be accompanied by a certified English translation. In such a situation the English translation will prevail, unless the document is a statutory or other official document.

These Terms of Use shall be governed by and interpreted in accordance with Swiss law and by the jurisdiction of the competent courts of Sion, Switzerland.

Please refer to our Privacy Policy and Cookies Policy in relation to the collection and use of information gathered through this Website. You understand that your use of this Website will result in our processing of the personal data that you provide. Together the Privacy Policy and Cookies Policy determine the basis on which we will use personal data. By using this Website, you expressly agree with the terms of the Privacy Policy and Cookies Policy. In performing your obligations under these Terms of Use, you commit to comply with applicable data protection laws.

Please contact contact@maclear-grc.com for any questions relating to this Terms of Use.

Email from Maclear and associated organizations

Any messages (including any attached files) are intended only for the use by the individual or entity to whom they are addressed. They may contain confidential or legally privileged information, so if you have received them in error or think you may have done so, you may not peruse, use, disseminate, distribute or copy the messages. Please delete them from your system and notify the sender immediately.

While we try to control the spread of viruses on our systems, Maclear cannot guarantee that the emails and attachments are free from virus and we assume no liability for any errors, corrupted documents, or late delivery. Nothing contained in the messages shall be construed as binding Maclear or its associated companies to any appointment, engagement, sale or purchase of goods or services, which in all circumstances must be the subject of an executed agreement, license or valid purchase order.

“Maclear” is the trading name of Maclear LLC and Maclear SA, private limited companies registered in Delaware and Switzerland under numbers 4795734 and CH-626.3.012.880-3 with their registered offices at 6607 Muirwood Court, Lisle, Illinois 60532, USA and Chemin du Vieux- Canal 15, Case Postal 504, 1951 Sion, Switzerland respectively.

Please contact contact@maclear-grc.com for any questions relating to this Email Disclaimer.

Last updated on 05 August 2016.© 2016 Maclear-grc.com. All rights reserved