McNair Interests Website Terms of Use

Effective Date: July 15, 2019

Welcome to www.mcnairinterests.com (the “Site”). This Site is owned and operated by McNair Interests (the “Company,” “we,” “us,”, or “our”), which is located at 109 North Post Oak Lane, Suite 600, Houston TX 77024.

Please read these Terms of Use carefully before using our Site. These Terms of Use govern your use of the Site, regardless of how you access or use the Site (whether via personal computer, mobile device, or otherwise). In addition to reading these Terms of Use, please review the Site’s Privacy Policy, available at www.mcnair.com, which governs our collection and use of your information. If you do not agree with any part of these Terms of Use or Privacy Policy, please discontinue use of this Site immediately. By using this Site, you consent to these Terms of Use and our Privacy Policy, and you agree to all legal notices, conditions, and guidelines set forth herein.

Site Content

This Site contains general information about the services and offerings provided by the Company. Any statement, representation, opinion, graph, or figure is for your convenience and is not intended to supplant, modify, interpret, or increase the obligations of any agreement with or service of the Company.

Permitted Use

This Site is intended for potential or actual customers or clients of the Company’s services seeking general information about the Company’s products or services. Unless granted express permission by the Company, the use of this Site by any competitor company or unaffiliated third party is prohibited.

As a condition of you using the Site, you agree not to use it in any manner that will damage disable, overburden or impair the Site or interfere with another’s use or enjoyment of the Site. You further agree not to use the Site in any manner, determined by our sole discretion, that is offensive, tortious, or otherwise violates the terms herein.

Third-Party Content

The Site may contain links to third-party websites and content. The Company has no control over, and assumed no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, the Company does not censor or edit the content of any of these third-party web sites. Accordingly, we encourage you to be aware when you leave our Site and to read the terms and conditions, as well as the privacy policy, of each web site that you visit. If you decide to access any other web site linked through our Site, you do so entirely at your own risk.

Site Availability

This Site’s availability may be interrupted from time to time due to conditions beyond our control or as determined by use to perform scheduled maintenance or update or add new functionalities or information to the Site.
The Company may, in its sole discretion and without providing notice, limit or terminate your availability to use the Site if at any time.

Electronic Communications and Data Ownership

Any non-encrypted electronic communications that you send to us through the Site may not be secure or private in transmission. Any electronic communications sent by you to the Company constitute consent by you to receive

communications from the Company, and you agree that all agreements, notice and disclosures that we send to you electronically satisfy any legal requirement that such communications are in writing.

Intellectual Property Rights

This Site and its content, including the text, information, data, software, products, services, and the like, and any trademarks, service marks, and logos contained therein (collectively, the “Site Content”) are property of or are licensed by the Company and are protected by copyright and other intellectual property laws. The Company hereby grants you a limited, non-exclusive, revocable, non-assignable, personal and non-transferrable license to view the Site Content for your personal, non-commercial and educational use. You may not otherwise copy, reproduce, modify, adapt, display, perform, publish, create derivative works from, store, sublicense, translate, sell, rent, or otherwise exploit this Site or its Site Content. The company reserves all rights not expressly granted in and to the Site and Site Content.

The display of any trade ‎ names, trademarks, service marks, logos, or domain names on this Site does not imply that a ‎license of any kind has been granted to you with respect to such trade names, trademarks, service ‎marks, logos, or domain names except as explicitly stated herein. Any unauthorized ‎downloading, retransmission, copying or modification of trade names, trademarks, service marks, ‎logos or domain names may be a violation of trademark laws and could subject you to legal ‎action.

About These Terms

We reserve the right to change these Terms of Use at any time by posting amended terms on this Site. Use of the Site or applications after the effective date ‎constitutes your acceptance of the amended Terms of Use. We reserve the right to apply the ‎amended terms to the information that we have already collected, subject to our Privacy Policy ‎and any legal constraints. We reserve the right to alter, suspend or discontinue any aspect of ‎the Site, including your access to ‎it.‎ You should read and review this page regularly to see if there have ‎been any changes.‎

Jurisdiction & Enforceability

These Terms of Use and access to and use of this Site are governed by the applicable laws and regulations of the State of Texas and United States federal law. The company reserves its right to seek any remedy available in law and in equity if you do not comply with the requirements in these Terms of Use. The Company’s failure to seek any legal remedy or take any other action should not be deemed as a waiver of its ability to invoke its rights or take subsequent action at a later time.

Our Site is owned and operated in the United States. The laws of the United States differ from those of other countries. If you are accessing our Site from outside the United States, please read our Privacy Policy in addition to these Terms of Use.

NO FINANCIAL ADVICE ‎

ALL OF THE SITE CONTENT PROVIDE ON THIS SITE, SUCH AS TEXT, GRAPHICS, PHOTOGRAPHS, IMAGES, ‎CHARTS AND ANY OTHER MATERIALS ARE FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND ARE NOT ‎A SUBSTITUTE FOR PROFESSIONAL FINANCIAL, INVESTMENT, TAX OR LEGAL ADVICE. YOU ARE SOLELY ‎RESPONSIBLE FOR DETERMINING WHETHER ANY INVESTMENT OR INVESTMENT STRATEGY IS APPROPRIATE FOR ‎YOU OR YOUR ORGANIZATION BASED ON YOUR OR YOUR ORGANIZATION’S INVESTMENT OBJECTIVES, FINANCIAL ‎SITUATION AND RISK TOLERANCE. YOU SHOULD SEEK LEGAL, FINANCIAL OR TAX ADVICE REGARDING YOUR ‎SPECIFIC SITUATION.

DISCLAIMER

THE COMPANY HAS MADE REASONABLE EFFORTS TO PROVIDE ACCURATE INFORMATION ON THIS ‎WEBSITE. WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF ANY INFORMATION, SOFTWARE, SITE CONTENT, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, SITE CONTENT, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE SITE CONTENT, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ALL SUCH INFORMATION, SOFTWARE, SITE CONTENT, SERVICES, AND RELATED GRAPHICS ARE FOR INFORMATION PURPOSES ONLY AND DO NOT CONSTITUTE ADVICE OF ANY FORM OR TYPE, AND ANY DECISIONS MADE BASED ON THE SAME ARE THE SOLE RESPONSIBILITY OF THE SITE VISITOR.

Limitation of Liability

Under no circumstances will Company its directors, officers agents, ‎employees, or affiliates be liable for any direct, indirect, incidental, special, or consequential ‎damages (even if it has been advised of the possibility of such damages) due to your use of or ‎inability to use this Site or due to your reliance on any of the Site Content contained or the ‎services provided on this Site. ‎

Severability

If any court of law, having jurisdiction regarding the contents herein, decides that any provision ‎of these Terms of Use is invalid, then that provision will be removed from these Terms of Use ‎without affecting the rest of these Terms of Use. The remaining provisions of these Terms of Use ‎will continue to be valid and enforceable. ‎

INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, ‎AGENTS AND THIRD PARTIES, FOR ANY LOSSES, COSTS, LIABILITIES AND EXPENSES (INCLUDING REASONABLE ‎ATTORNEY’S FEES) RELATING TO OR ARISING OUT OF YOUR USE OF OR INABILITY TO USE THIS SITE, YOUR VIOLATION ‎OF ANY OF THESE TERMS OF USE OR YOUR VIOLATION OF ANY APPLICABLE LAWS, RULES AND REGULATIONS.

Arbitration

In the event you and the Company are not able to resolve any dispute arising out of or concerning these ‎Terms of Use, or any provision herein, whether in contract, tort, or otherwise at law or in equity ‎for damages or any other relief, then such dispute shall be resolved only by final and binding ‎arbitration pursuant to the Federal Arbitration Act conducted by a single neutral arbitrator and ‎administered by the American Arbitration Association, or a similar arbitration services selected by you and the Company, in Houston, Texas. The arbitrator’s award shall be final, and judgment may be ‎entered upon it in any jurisdiction. In the event that any legal or equitable action, proceeding or ‎arbitration arises out of or concerns these Terms of Use, the prevailing party shall be entitled to ‎recover its costs and reasonable attorney’s fees. You and the company agree to arbitrate all dispute and ‎claims in regards to these Terms of Use or any disputes arising as a result of these Terms of Use, ‎whether directly or indirectly, including Tort claims that are a result of these Terms of Use. You ‎and the Company agree that the Federal Arbitration Act governs the interpretation and enforcement of ‎these Terms of Use. The entire dispute including the scope and enforceability of this arbitration ‎provision shall be determined by an Arbitrator. This arbitration provision shall survive the ‎termination of these Terms of Use. ‎

Class Action Waiver

Any arbitration or other legal proceeding under or arising from these Terms of Use will take place on an individual basis; class arbitrations ‎and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A ‎PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH INDIVIDUAL ‎CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE ‎CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE ‎FORM OF A PRIVATE OR ATTORNEY GENERAL ACTION. ‎

Ability to Accept Terms of Use

You affirm that you are the age of majority in your jurisdiction and are fully able and competent to enter into ‎the terms, conditions, obligations, affirmations, representations, and warranties set forth in these ‎Terms of Use, and to abide by and comply with these Terms of Use. This Site is not intended ‎for children under the age of thirteen (13). If you are under 13 years of age, then please do not ‎use this Site and exit now.‎

Entire Agreement

These Terms of Use are the entire agreement and no modifications to the Terms of Use shall be ‎made without the express written consent from the Company

User Suggestions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other ‎information provided by you to Company through this Site are not confidential and you grant us a ‎worldwide, royalty-free license to distribute, publish, modify, edit or otherwise use your ‎submissions. Company is entitled to the unrestricted use and dissemination of these submissions ‎for any purpose, commercial or otherwise without any acknowledgement of or compensation to ‎you.‎

General

We may assign, novate or subcontract any or all of our rights and obligations under these Terms of ‎Use at any time.‎

If you have any questions regarding these Terms of Use please contact us at:
By e-mail: info@mcnair.com
By phone: 713-336-7800
By mail:
McNair Interests
109 North Post Oak Lane, Suite 600
Houston TX 77024
ATTN: Help Desk
Through “Contact Us” Link on Site