This website (the “Site”) is the on-line service owned and operated by Everware-CBDI, Inc. consisting of social network sites and publication services for the benefit of Registered Users. A Registered User (Registered User) means each individual who registers with the Everware-CBDI website.
Any reference to Everware-CBDI, Inc. includes its subsidiaries, Everware-CBDI International, Ltd. (a UK Company) and Everware-CBDI North America, Inc. ( a US Company).
This page uses "Everware-CBDI", "we" and "us" to mean Everware-CBDI, Inc. and its subsidiaries, Everware-CBDI International Ltd and Everware-CBDI North America, Inc.
By using this Site (other than to read this Agreement for the first time), the Registered User agrees to comply with all of the terms and conditions hereof.
3. Confidentiality of Passwords
Registered User is responsible for all use of the Registered User's password, and for ensuring that all use of the Registered User's password complies fully with the provisions of this Agreement. Registered Users shall be responsible for protecting the confidentiality of Registered User's password(s).
4. Lawful Use
Registered User shall use this Site for lawful purposes only. Registered User shall not post or transmit through this Site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law, or which, without Everware-CBDI, Inc's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Registered User that in Everware-CBDI, Inc discretion restricts or inhibits any other Registered User from using this Site will not be permitted. Registered User shall not use this Site to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of Registered Users to become subscribers or Registered Users of other on-line Forums.
Any opinions, advice, statements, services, offers, or other information or content expressed or made available by Registered Users are those of the author(s) and not of Everware-CBDI, Inc. Everware-CBDI, Inc. provides no guarantee over the accuracy, completeness, or usefulness of any content. Everware-CBDI, Inc. neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made by Registered Users on this Site. Under no circumstances will Everware-CBDI, Inc. be liable for any loss or damage caused by a Registered Users reliance on information obtained through this Site. It is the responsibility of the Registered User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through this Site.
Everware-CBDI, Inc. copyrighted materials may not be published on other web sites or other channels without the written permission of Everware-CBDI, Inc. Quotations or short extracts may be republished with proper attribution given to Everware-CBDI, Inc. and the CBDI Forum.
7. Derivative Works
Registered Users may create derivative works from Everware-CBDI, Inc. publications for their own organization's internal purposes providing attribution is made as follows: "Portions of this document include intellectual property of Everware-CBDI, Inc. and its licensor(s) and are used herein under license. Copyright 1999-2012 Everware-CBDI, Inc. and its licensors."
Registered Users may not create derivative works for use in delivering services to their customers unless there is an executed and active agreement between Everware-CBDI, Inc. and Registered User or Registered User’s organization that allows the creation and distribution of such derivative works.
8. Use of Materials
Registered User shall not sell, copy, re-host, transfer, distribute, rent, lease, sublicense, lend, assign or timeshare any Everware-CBDI, Inc. materials for purposes external to their own organization.
9. Posting Copyright Material
Registered User shall not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Registered User. Registered User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the Forum, Registered User automatically grants, or warrants that the owner of such material has expressly granted Everware-CBDI, Inc. the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Registered User also permits any other Registered User to access, view, store or reproduce the material for that Registered User's personal use. Registered User hereby grants Everware-CBDI, Inc. the right to edit, copy, publish and distribute any material made available on this Site by Registered User.
Registered User expressly agrees that use of this Site is at registered user's sole risk. Neither Everware-CBDI Inc., its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that the forum will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the forum, or as to the accuracy, reliability or content of any information provided through this Site.
This Site is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
In no event will Everware-CBDI Inc., or any person or entity involved in creating, producing this Site be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use this Site.
In addition to the terms set forth above neither Everware-CBDI Inc. Nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within the forum, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages. Everware-CBDI Inc., its affiliates, information providers or content partners shall have no liability for investment decisions based on the information provided. Neither, Everware-CBDI Inc., nor its affiliates, information providers or content partners warrant or guarantee the timeliness, sequence, accuracy or completeness of this information. Additionally, there are no warranties as to the results obtained from the use of the information.
Everware-CBDI, Inc. shall have the right, but not the obligation, to monitor the content of this Site to determine compliance with this Agreement and any operating rules established by Everware-CBDI, Inc. and to satisfy any law, regulation or authorised government request. Everware-CBDI, Inc. shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on this Site. Without limiting the foregoing, Everware-CBDI, Inc. shall have the right to remove any material that Everware-CBDI, Inc., in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
Registered User agrees to defend, indemnify and hold harmless Everware-CBDI, Inc., its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of the Forum by Registered User.
15. Termination of Use
Everware-CBDI, Inc. shall have the right to immediately terminate access to the Site in the event of any conduct by Registered User which Everware-CBDI, Inc., in its sole discretion, considers to be unacceptable, or in the event of any breach by Registered User of this Agreement. The provisions of Sections 5, 6, 7, 8, 10, 11, 12, 13, and 14 shall survive termination of this Agreement.
16. Modification of Terms & Conditions
Everware-CBDI, Inc. shall have the right at any time to change or modify the terms and conditions applicable to Registered Users use of this Site, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on this Site, or by electronic or conventional mail, or by any other means by which the Registered User obtains notice thereof. Any use of this Site by the Registered User after such notice shall be deemed to constitute acceptance by Registered User of such changes, modifications or additions.
This Agreement and any operating rules for this Site established by Everware-CBDI, Inc. constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the United States of America.
18. Links to other web sites
19. Cancellation of registration
A Registered User may cancel his registration or change registration details at any time by visiting the My Account page.
Any communication or material you post or transmit to us over the Internet is, and will be treated as non-confidential and non-proprietary. Upon the transmission of any personal information to us, you expressly grant permission to us to disseminate and/or use such information for any lawful purpose.
Posting or transmittal of any unlawful, threatening, libellous, defamatory, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence or violation of any law is strictly prohibited.
We reserve the right to monitor your communications with us whether by mail, voice, fax, e-mail or any other form of transmission for the purposes of quality control, security and other business needs.