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Legal Identity Information
• Registered name: ADS Industries & Consulting Limited
• Registered office: 206 Turners Hill, Cheshunt, Herts EN8 9DE United Kingdom
• Place of registration: England
• Registered number: 06384983
• VAT Number GB xxx xxxx xx ]

Date: 22 September 2009


Terms and conditions


The agreement
Welcome to the findacommodity.com site (the "Site") which is owned and operated by ADS Industries & Consulting Limited ("Findacommodity.com "/"us"/"our"/"we"). By accessing or using the Site, you (the" User"/ “you”/“your”) agree to be bound by the terms and conditions of this agreement with respect to your access or use of this Site and any further upgrade, modification, addition or change to this Site. If you do not accept all of the terms and conditions of this agreement, please do not use the Site.

For the purposes of this agreement, a "User" is any person who accesses the Site, for whatever purpose. A User includes any legal entity which may be represented by the User under actual or apparent authority.
 

A. Findacommodity.com reserved rights
1. Findacommodity.com reserves the right, at our sole discretion, to change, modify or otherwise alter this agreement at any time by posting the amended agreement on the Site. Unless otherwise indicated, the amended agreement will become effective immediately upon posting. Please review these Terms and Conditions periodically. Your continued use of the Site following the posting of the amended agreement will constitute your acceptance of the revised terms and conditions and the reasonableness of these standards for notice of changes unless you offer different terms that are accepted by Findacommodity.com. For your information, this page was last updated as of the date at the top of these terms and conditions. You can obtain a printed copy of the most current Terms and Conditions by writing to us at the address set forth in the notice provision below.
 

2. Findacommodity.com reserves the right to limit, deny or create different access to the Site and its features with respect to different Users, or to change any of the features or introduce new features without prior notice. Each User acknowledges that inability to use the Site wholly or partially for whatever reason may have adverse effects on its business. Each User hereby agrees that in no event shall Findacommodity.com be liable to the User or any third parties for any inability to use the Site (whether due to disruption, limited access, changes to or termination of any features on the Site or otherwise), any delays, inaccuracies, errors or omissions with respect to any communications or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Site or any of its features.
 

3. Findacommodity.com reserves the right in its sole discretion to remove any material displayed on the Site which it reasonably believes is unlawful, could subject Findacommodity.com to liability, breaches this agreement or is otherwise found inappropriate in Findacommodity.com\'s opinion. Findacommodity.com reserves the right to cooperate fully with governmental authorities and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Furthermore, Findacommodity.com may disclose the User\'s identity and contact information, if requested by a government or law enforcement body or as a result of a legal action, and Findacommodity.com shall not be liable for damages or results thereof and User agrees not to bring any action or claim against Findacommodity.com for such disclosure. In connection with any of the foregoing, Findacommodity.com may suspend or terminate the account of any User as Findacommodity.com deems appropriate in its sole discretion. You agree that Findacommodity.com will not be liable for consequential or any other damages, in the event Findacommodity.com takes any of the actions mentioned in this paragraph. .


B. Privacy
Please review our Privacy Policy, which also governs your visit to this Site, to understand our practices
 

C. Disclaimer
1. Some of the content displayed on the Site is provided or posted by third parties ("Third Party Content"). Findacommodity.com is not the author of Third-Party Content, whether contributed by anonymous users or paid content providers. Any Third Party Content is the sole responsibility of the party who provided the content. Findacommodity.com is not responsible for the accuracy, propriety, lawfulness or truthfulness of any Third Party Content, and shall not be liable to any User in connection with such User\'s reliance of such Third Party Content. In addition, Findacommodity.com is not responsible for the conduct of any User\'s activities on the Site, and shall not be liable to any person in connection with any damage suffered by any person as a result of such User\'s conduct.
 

2. Findacommodity.com may allow Users access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such third party\'s web site. You should read such sites\' terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of your use of such sites. The User acknowledges that Findacommodity.com has no control over such third party\'s web site, does not monitor such sites, does not represent, warrant, endorse or hold responsibility over such sites and Findacommodity.com shall not be responsible or liable to anyone for such web site, or any content, products or services made available on such a website.
 

D. Electronic communication
When you visit the Site, purchase products or services through the Site, or instigate contact with our customer service department, you are communicating with us electronically. We will also communicate with you via email or by posting notices on and updates to the Site. By using the Site, you hereby agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
 

E. Users
1. Messages or information sent by a User through communication systems provided by the Site, or through emails, fax or letters to addressees obtained from the Site, shall not contain any of the materials described in the provisions of paragraph E.5 below.
 

2. Each User hereby represents, warrants and agrees to:
(a) provide Findacommodity.com with true, accurate, current and complete information to be displayed on the Site; and
(b) maintain and promptly amend all information to keep it true, accurate, current and complete.


3. Each User hereby grants an irrevocable, perpetual, worldwide and royalty- free, license to Findacommodity.com to display and use all information provided by such User in accordance with the purposes set forth in this agreement and to exercise the copyright, publicity, and database rights the User has in such material or information, in any media now known or not currently known.
 

4. Each User hereby represents, warrants and agrees that it has obtained all necessary third party copyright, trademark, trade secrets or patent licenses and permissions, or such other licenses or permissions as may be required in connection with any other personal or proprietary rights of any third party (including but not limited to rights of personality and rights of privacy), for any material or information it posts on the Site or provides to Findacommodity.com or authorizes Findacommodity.com to display. Third party copyrights, trademarks, trade secret rights, patents and other personal or proprietary rights affecting or relating to material or information displayed on the Site, including but not limited to rights of personality and rights of privacy, or affecting or relating to products that are offered or displayed on the Site, are hereafter referred to as "Third Party Rights."
 

5. Each User hereby represents, warrants and agrees that it shall be solely responsible for ensuring that any material or information it posts on the Site or provides to Findacommodity.com or authorizes Findacommodity.com to display does not, and that the products represented thereby do not, violate any Third Party Rights, or is posted with the permission of the owner(s) of such rights.
 

6. Each User hereby represents, warrants and agrees that it has the right to manufacture, offer, sell, import, export and distribute the products it offers and displays on the Site, and that such manufacture, offer, sale, importation, export and/or distribution of those products violates no Third Party Rights.
 

7. Each User hereby represents, warrants and agrees that information submitted to Findacommodity.com for display on the Site shall not: contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities; be part of a scheme to defraud other Users of the Site or for any other unlawful purpose; relate to sale of products or services that infringe or otherwise abet or encourage the infringement or violation of any third party\'s copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity or privacy, or any other Third Party Rights; impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity; violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti- discrimination or misleading advertising); be defamatory, libellous, threatening or unlawfully harassing; be obscene or contain or infer any pornography or sex- related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors; promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone\'s privacy or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law or regulation; solicit business from any Users in connection with a commercial activity that competes with Findacommodity.com; contain any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information; link directly or indirectly to or include descriptions of goods or services or other materials that violate any law or regulation or are prohibited under this agreement; otherwise create any liability for Findacommodity.com or its affiliates.
 

F. Transactions between Buyers and Suppliers
1. Through the Site, Findacommodity.com provides an electronic web-based platform for exchanging information between buyers and suppliers of products and services. Findacommodity.com does not represent the seller or the buyer in specific transactions and does not charge any commissions from completing any transactions. As a result, Findacommodity.com does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Site or the ability of the suppliers to complete a sale or the ability of buyers to complete a purchase.
 

2. Users acknowledge that they are aware that there may be risks of dealing with people acting under false pretences. Because user verification on the Internet is difficult, Findacommodity.com cannot and does not confirm each User\'s purported identity (including, without limitation, Verified). You should carry out your own checks to evaluate with whom you are dealing.
 

3. Each User acknowledges that it is fully assuming the risks of purchase and sale transactions when using the Site to conduct transactions, and that it is fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the Site. Such risks shall include, but are not limited to, mis- representation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract and transportation accidents. Such risks also include the risks that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate Third Party Rights, and the risk that User may incur costs in connection with any claims by any party or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants. Such risks also include the risks that consumers, other purchasers, end-users of products or others claiming to have suffered injuries or harms relating to product originally obtained by Users of the Site as a result of purchase and sale transactions in connection with using the Site may suffer harms and/or assert claims arising from their use of such products. Each User agrees that Findacommodity.com shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any of the above risks.
 

4. Users are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the Site, including, without limitation, terms regarding payment, returns and refunds, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.
 

5. If any User has a dispute with any party to a transaction, such User agrees to release and indemnify Findacommodity.com (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.


G. Limitation of rights
1. Without prejudice to your statutory rights, the Site and all information, text, names, images, pictures, logos, links and icons and other materials (without limitation) are provided \'AS IS\' and on an \'AS AVAILABLE\' basis without representation warranty or endorsement, express or implied including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability or fitness for purpose. All such warranties representations, conditions, undertakings and terms are excluded. In particular, Findacommodity.com does not warrant or represent the accuracy, correctness, reliability, quality or completeness of information provided on or through the Site this site nor does Findacommodity.com guarantee that use of the Site will be uninterrupted or error-free, or that the site and its servers are free of computer viruses or bugs.
 

2. Findacommodity.com does not represent or warrant that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of the products or services offered or displayed on the Site does not breach any Third Party Rights and Findacommodity.com makes no representations or warranties of any kind concerning any product or service offered on the Site.
 

3. In no event will Findacommodity.com be liable to any person for any damage or loss that may arise from the use of any information contained in the Site or products displayed on the Site, including, without limitation, indirect or consequential damages, or any damages whatsoever arising from use or loss of use, data, or profits, whether in action of contract, negligence or other tortuous action, arising out of or in connection with the use of the Site.
 

4. Under no circumstances shall Findacommodity.com be held liable for an delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non- performance of third parties.
 

5. The software downloads from this site have been thoroughly scanned and tested at all stages of production, but - as with all new software - we still recommend that you run a virus checker before use. We also recommend that you have an up-to-date backup of your hard disk before using the software. Findacommodity.com cannot accept responsibility for any disruption, damage and/or loss of data on your data or computer system that may occur while using the software. Consult your network administrator before installing any
software on a networked computer.
 

H Indemnity
1. Each User hereby agrees to indemnify and save Findacommodity.com, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User\'s use of the Site (including but not limited to the display of such User\'s information on the Site) or from its breach of any of the terms and conditions of this Agreement.
 

2. Each User hereby further agrees to indemnify and save Findacommodity.com, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User\'s breach of any representations and warranties made by User to Findacommodity.com.
 

3. Each User hereby further agrees to indemnify and save Findacommodity.com, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Site.
 

4. Each User hereby further agrees that Findacommodity.com is not responsible and shall have no liability to it, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User. Findacommodity.com reserves the right, at its own expense, to take control of any defence and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Findacommodity.com in asserting any available defences.
 

I. Intellectual Property Rights
1. This Site is the copyrighted property of Findacommodity.com and/or its various third party providers and distributors, directors. Information, text, images, video clips, directories, files, databases or listings available on the Site (the "Content") must not be copied, reproduced or downloaded for the purpose of re-selling or re-distributing the Content, mass mailing (via emails, wireless text messages, physical mail or otherwise), operating a business that competes with findacommodity.com, or otherwise commercially exploiting the Content.
 

2. The trademarks, logos and service marks displayed on this Site are registered and are common law Trademarks of Findacommodity.com its affiliates, and various third parties. No information on this Site should be construed as granting, by implication or otherwise, any license or right to use any of the Trademarks without the written permission of Findacommodity.com or such other party that may own the Trademarks. Findacommodity.com does not claim to own any of the 3rd party or affiliate retailers, suppliers or manufacturer brands or trademarks featured on this Site. The same applies for the trademarks of other publicists or publications on this Site.
 

J. Notices

1. All notices or demands to or upon Findacommodity.com shall be effective if in writing and shall be duly made when sent to Findacommodity.com in the following manner: to Findacommodity.com 206 Turners Hill, Cheshunt Hertfordshire, EN8 9DE ENGLAND Attn: Janet Flitney
 

2. All notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last- known correspondence, fax or email address provided by the User to Findacommodity.com, or by posting such notice or demand on an area of the Site that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when Findacommodity.com is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or immediately upon Findacommodity.com \'s posting such notice on an area of the Site that is publicly accessible without charge.
 

K. General
1. Subject to any additional agreements relating to verification of suppliers, this agreement and the Privacy Policy constitute the entire agreement between the User and Findacommodity.com with respect to and governs the use of the Site, superseding any prior written or oral agreements in relation to the same subject matter herein. Nothing in this agreement limits or excludes either party\'s liability for fraud or for negligence causing death or personal injury.
 

2. Findacommodity.com and the User are independent contractors, and no joint venture, partnership, employment, or agency relationship exists between you and Findacommodity.com as a result of this agreement or your use of the Site or by virtue of Findacommodity.com\'s display of any of the User\'s information on the Site.
 

3. If any provision of this agreement is held to be invalid or unenforceable, the provision shall be removed (or interpreted, if possible, in a manner as to be enforceable), and the remaining provisions shall be enforced.
 

4. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
 

5. Findacommodity.com \'s failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
 

6. Findacommodity.com shall have the right to assign this agreement (including all of its rights, titles, benefits, interests, and obligations and duties in this agreement and in any agreement relating to verification of suppliers to any person or entity (including any affiliates of Findacommodity.com). The User may not assign, in whole or part, this Agreement to any person or entity.
 

7. This agreement shall be governed by the laws of England. The parties to this agreement hereby submit to the exclusive jurisdiction of the English courts. The User agrees any claim against Findacommodity.com must be filed within one (1) year of the time such claim arises, regardless of any law to the contrary; otherwise your claim will be barred forever.