Welcome to Everware-CBDI, Inc.'s ("Everware-CBDI's") Website. We appreciate you visiting us.

Please read these terms of use for Everware-CBDI's Website ("Terms of Use") carefully. By accessing and / or using this Website, you represent and warrant that you have read and fully understand all of these terms, and that you accept and agree to be legally bound by and comply with all of these Terms of Use at any time and such changes will be posted at www.everware-cbdi.com. Your continued use of the website after Everware-CBDI posts changes to these Terms of Use constitutes your acceptance of such changes.

INTELLECTUAL PROPERTY RIGHTS; LIMITED LICENSE

All the information on this Website, including but without limitation, all documents, materials and other intellectual property, are owned by and title to such materials shall remain with Everware-CBDI and/or third parties where indicated ("Content") and are protected by United States and foreign intellectual property laws. Except for that Content which consists of Everware-CBDI's and third party trademarks and logos, Everware-CBDI hereby authorizes you to view, print, and copy any of the Content contained on this Website, provided that your use is only for informational, personal, non-commercial purposes. You agree that all copyright or other proprietary notices that appear on the Content plus this permission notice, must appear on all copies that you make.

TERMINATION OF ACCESS AND USE

Everware-CBDI may, in its sole discretion, at any time terminate your access to and use of the Website. Additionally, Everware-CBDI may monitor your access to the Website. If you object to these Terms of Use or you are dissatisfied with the Website, your only recourse is to immediately discontinue your use of the Website.

LINKING

From time to time, this Website may provide links to other websites and access to content, products and services from third parties. You agree that Everware-CBDI is not responsible for the availability of, and content provided in, third party websites. We recommend that you refer to the policies posted by other websites prior to using their websites. You agree that Everware-CBDI is not responsible for (1) third party content accessible through the Site, or (2) for loss or damage of any sort you may incur from dealing with any third party.

PRIVACY POLICY

Everware-CBDI takes your privacy seriously. Thus, Everware-CBDI has developed a policy to address privacy concerns. You can find the current privacy policy at www.everware-cbdi.com/privacyPolicy.shtml

DISCLAIMER OF WARRANTIES

The Website, including all content, materials, advertisements, and products, are provided on an "as is" and "as available" basis. You expressly agree that use of the Website is at your sole risk. To the extent permitted by law, the Website and Content are provided without warranties of any kind, either expressed or implied, including, without limitation, implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. Everware-CBDI does not warrant or guarantee that the information contained on the Website is correct, accurate, reliable, complete, free of viruses or errors, or secure and will not be interrupted. Because certain jurisdictions do not allow the exclusion of some warranties, the above exclusions may not apply to you.

LIMITATION OF LIABILITY

In no event shall Everware-CBDI or any of its parents, subsidiaries, agents, representatives, employees, officers, directors, or affiliates, be liable to you, for indirect, special, or consequential damages, including without limitation loss of profits, revenue, data or goodwill, business interruption, or for liability to third parties arising out of or in connection with this agreement or the furnishing, performance, or use of the Website provided herein, even if Everware-CBDI has been advised of the possibility or likelihood of such damages. Some jurisdictions do not allow the limitation of incidental or consequential damages, so this limitation and exclusion may not apply to you.

INDEMNIFICATION

You agree to defend, indemnify, and hold Everware-CBDI harmless from and against any and all claims and liabilities, including reasonable attorneys' fees and costs, related to or arising from (a) any breach of the Terms of Use; or (b) violation or infringement of any third party's rights. Everware-CBDI reserves the right, at its own expense, to participate in the defense of any matter otherwise subject to indemnification from you, but shall have no obligation to do so. You shall not settle any such claim or liability without the prior written consent of Everware-CBDI.

GENERAL

If any provision of the Terms of Use hereof is found by a tribunal of competent jurisdiction to be illegal or unenforceable, then such provision is hereby waived to the extent necessary for the Terms of Use to be otherwise enforceable.

Your obligations under this section and the sections entitled "Disclaimer of Warranties," "Limitation of Liability,", "Indemnity," and "Links to Third party Sites" will survive termination of these Terms and Conditions of Use.

You acknowledge and agree that the laws of the Commonwealth of Virginia shall govern the validity and construction of these Terms of Use, without reference to its choice of law provisions. You hereby consent to the personal and exclusive jurisdiction of the state and federal courts located within the Commonwealth of Virginia. You further acknowledge and agree that, regardless of any law to the contrary, any claim or cause of action arising from or in connection with your use of the Website must be filed by you within one (1) year after such claim or cause of action arises or be permanently barred.

If you have any questions regarding these Terms of Use, please contact Everware-CBDI Contracts Department at (888) EVERWARE or info@everware-cbdi.com.