Disclaimer

This website at www.cbi-smart.com (the "Site") is owned and operated by The A&DC Group ("A&DC").

References in this Disclaimer to "you", "your" or "yours" are to be taken as references to the Site user or visitor, except where stated or where the context requires otherwise.

A&DC hereby grants you access to these pages on this Site, including all information, documents, communications, files, text, graphics and software available on or through the Site (collectively, the "Material" or "Materials") and all services operated by A&DC and third parties (the "Services") on or through the Site, conditional upon your agreement to accept the application of local, state, national and/or international law or any regulations having the force of law to govern matters between us in relation to this Site and you agree to indemnify us and not hold us liable for the result foreseeable of any actions you may take based on the information contained herein.

Disclaimer of Warranties

In using this Site, and its Materials and Services, you expressly understand and agree that:

• The Site, Materials and Services are provided on an "as is" and "as available" basis and that use of the Site, Materials and Services is entirely at your own risk.
• A&DC disclaims all representations or warranties of any kind, whether express or implied, including, but not limited to the implied warranties or merchantability, fitness for a particular purpose and non-infringement so far as permitted by law.
• A&DC makes no warranties regarding the quality, accuracy, reliability or availability of the Site or of any products, Materials or Services made available through the Site, unless specified in our Licence Agreement.
• A&DC will not be liable for any indirect or consequential loss, or for any loss of business, time, profit, revenue, goodwill or data arising from your use of our Site or information on it.
• Information from this Site does not constitute advice or a recommendation by A&DC and is not intended to be relied upon by you in making (or not making) any decisions, unless specified to the contrary.  No information or advice obtained from our Site or its products and Services shall create any warranty.
• A&DC accepts no liability for those unable to enter our Site (or any part of it) or those requiring information, Materials or Services thereof, nor do we guarantee that this Site will operate free from interruption, error or virus.
• A&DC makes every reasonable effort to ensure that information on our Site is accurate, but we make no representations and give no warranty that any information is accurate, up to date or complete.  We provide no liability for loss or damage caused by inaccurate information or by the manner in which that information is used by others.  If you do find any inaccurate information on our Site, we would appreciate you contacting us by email at ADC Group@cbi-smart.com.
• A&DC is neither responsible for, nor necessarily endorses, the content of external websites linked to or from this Site.

Limitation of Liability

To the extent not prohibited by applicable law, A&DC is not liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to, damages for all loss of profits, revenue, goodwill, data, electronically transmitted orders or other economic advantage (even if A&DC has been advised of the possibility of such damages), however caused and regardless of the theory of liability, whether in contract (including fundamental breach), tort (including negligence) statute or otherwise, arising out of, or related to:

• Use of the Services.
• Inability to access the Site, Materials and Services.
• The cost of purchasing substitute Materials and Services purchased or obtained or messages received or transactions entered into though or from the Site.
• Unauthorised access to or alteration of your transmissions or personal data.
• Conduct in any form of any third party on the Services or Site.
• Any other matter relating to the Services and Materials, including content you may download, use, modify or distribute from the Site.

Nothing in these Conditions shall limit our liability for:

• Loss or damage for death or personal injury caused by our negligence.
• Any fraudulent misrepresentation made by us or those under our control.

If you are using this Site as a consumer then nothing in these Conditions shall in any way limit your statutory rights.

A&DC makes every effort to check and test Material at all stages of production.  It is always wise for you to run an anti-virus program on all Material downloaded from the Internet.  We cannot accept any responsibility for any loss, disruption or damage to your data or your computer system, which may occur whilst using Material derived from this Site.  Any damage to your computer or loss of data that results from the use of our Site or from the download of any Material will be your responsibility and is undertaken at your own discretion.

You agree to indemnify A&DC and hold us and our subsidiaries, affiliates, officers, directors, agents and employees, harmless from any liability for any claims, demands and expenses, including reasonable lawyers’ fees, made by any third party due to or arising out of your use of this Site, breach of our Terms of Use, or your violation of any law or the rights of a third party or arising out of any Materials submitted by you, whether in contract (including fundamental breach), tort (including negligence) or otherwise except where A&DC is prevented by law from making such exclusions or limitations.

A&DC retains the right to change this Disclaimer by placing an updated version on this page. Reviewing this page regularly ensures that you are always aware of our Site policies.  Your continued use of the Site, or any Materials or Services accessible through it, after such an updated version has been posted on this page constitutes your acceptance of the changes.

Version 1.0
2 January 2008