This agreement together with any additional terms, conditions, notices and disclaimers contained elsewhere on Advanced Data Machines (ADM) products and services, in accordence to an ADM services agreement (Services), form the conditions of supply of material on, use of and access to these Services. Your continued use constitutes an affirmative, acknowledgment and agreement by you that you accept and agree to abide and be bound by these conditions and any modifications.
Should you object to any of these conditions or any subsequent modifications your only recourse is to immediately discontinue your use of Services provided by ADM.
The additional conditions for these sites are set out separately below.
All terms and conditions that govern your use of ADM Services (including disclaimers) may be amended at any time at the sole discretion of ADM.
All material is provided in good faith. It is derived from sources believed to be accurate and current as at the date of publication. Your use of ADM's Services is at your sole risk. Access to ADM's Services is provided on an 'as available' basis. Neither ADM, its related bodies corporate nor its or their directors or employees make any representation or warranty that (i) any material on provided will be reliable, accurate or complete (nor do they accept any responsibility arising in any way for errors in, or omissions from that material); or (ii) your access to Services will be uninterrupted, timely or secure. ADM will not be liable for loss resulting from any action or decision by you in reliance on the information on Services, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.
You accept that you are fully, wholly and solely responsible for your Internet and online security.
The material on ADM's Services provides general information only. It is not intended as advice and must not be relied upon as such. You should make your own inquiries and take independent advice tailored to your specific circumstances prior to making any decisions.
Trademarks may be displayed by ADM from time to time. These may belong to third parties. Nothing displayed by ADM should be construed as granting any license or right of use of any logo, masthead or trademark displayed on a website, without the express written permission of the relevant owner.
As a condition of your use of ADM's Services, you warrant to ADM that you will not use ADM's Services for any purpose that is unlawful or prohibited by these terms & conditions or any other terms, conditions or notices appearing anywhere by ADM. You agree to abide by all applicable laws and regulations.
In particular, you agree not to:
ADM retains the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
You will indemnify ADM if ADM or its related bodies corporate suffer any loss or damage or incur any costs in connection with any breach of these conditions or any other legal obligation by you or your use of or conduct.
Unless stated to be otherwise, charges referred to for use of any services provided ADM are inclusive of sales taxes pertinent to the legal jurisdiction in which the service is being used.
Hyperlinks and pointers to websites operated by third parties will appear on ADM's Services from time to time. These websites do not form part of ADM and are not under the control of ADM or its related bodies corporate and neither ADM nor its related bodies corporate have any responsibility for the contents of any such hyperlink or linked website. If you link to any such websites you leave ADM and do so entirely at your own risk.
ADM displays third party advertisements, which may or may not contain hyperlinks or referral buttons to websites operated by third parties. The display of such advertising does not in any way imply a recommendation or endorsement by ADM or its related bodies corporate of the relevant advertiser, its Services or any such linked website.
If you contact a third party using functionality provided by ADM, including via e-mail, ADM accepts no responsibility for any actions taken by that third party in response to your communication or for any transactions entered into between you and the relevant third party.
ADM does not exclude any rights and remedies available to you under the Trade Practices Act (Australia) or any similar legislation pertinent to the country in which the service is being used that cannot be excluded, restricted or modified. Otherwise ADM and its related bodies corporate exclude all conditions and warranties that may be implied by law. To the extent permitted by law, ADM's liability for breach of any implied warranty or condition which cannot be excluded is restricted, at ADM's option, to:
You expressly agree and understand that in no circumstances will ADM or its related bodies be liable to you for any indirect, incidental, special and/or consequential losses or damages or loss of profits of whatever nature howsoever arising (including but not limited to any act or omission by ADM or its related bodies corporate) which result from (i) the use of or access to or any inability to use or accessServices or any material provided by ADM; (ii) unauthorized access to or alterations of your transmissions or data; or (iii) statements or conduct of any third party on AMD Services. Excluding liability for negligence the maximum liability of ADM and its related bodies corporate is equivalent to the total of any amounts you have paid to ADM and its related bodies corporate in respect of goods or services supplied to you by ADM or its related bodies.
You expressly agree and understand that in no circumstances will ADM or its related bodies corporate be liable to you for any damage to equipment owned by you and connected, in any manner whatsoever, by you to ADM equipment or connected to ADM equipment by any staff member or any other person at your request.
You expressly agree and understand that in no circumstances will ADM or its related bodies corporate be liable to you for any loss of data, including, but not limited to, photographs, moving pictures, documents, financial information or any data whatsoever, on any equipment owned by you and connected by you to ADMequipment, in any manner whatsoever, or connected to ADM equipment by any staff member or any other person at your request.
These conditions and all other specific and additional terms which govern your use or membership of and access to Services by ADM will be governed by and construed in accordance with the laws of the state of Colorado, United States of America.