Terms of Service

Terms Of Service

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.

By using this site, you signify your agreement to these Terms and Conditions. If you do not agree to these Terms and Conditions, do not use this site. CLAYPODS may modify these Terms and Conditions at anytime.

Restrictions On Use of Materials

This site is copyright protected. Any textual or graphic material you copy, print, or download is licensed to you by CLAYPODS , Inc. and/or its subsidiaries ("CLAYPODS ") for your personal, non-commercial home use only, provided that you do not change or delete any copyright, trademark or other proprietary notices. If you download software from the site, the software, including all files and images, contained in or generated by the software, and accompanying data (together referred to as "Software") are deemed to be licensed to you by CLAYPODS, for your personal, non-commercial home use only. CLAYPODS does not transfer either the title or the intellectual property rights to the Software and CLAYPODS retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute or reproduce the Software, nor may you decompile, reverse engineer, disassemble or otherwise convert the Software to a human-perceivable form (this sentence does not apply to the extent that applicable national law may provide you with non-excludable rights to do any of the acts to which it refers),. All trademarks and logos are owned by CLAYPODS or its licensors and you may not copy or use them in any manner. This site is controlled and operated by CLAYPODS, Inc. from its offices within QLD, Australia. CLAYPODS makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Although Australian, software from this site is subject to U.S. export controls. No software from this site may be downloaded or otherwise exported or reexported into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods or to anyone on the U.S. Treasury Department's list of Specially Designated National or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Disclaimers and Limitation of Liability / The Future

CLAYPODS may change, move or delete portions of, or may add to, this web site from time to time: TO THE FULL EXTENT PERMITTED BY LAW, THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. CLAYPODS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT OR OTHER MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

All materials, including without limitation, annual reports to shareholders, press releases and CLAYPODS filings with the Securities and Exchange Commission (the "SEC") reproduced on this site speak as of the original date of publication or filing. The fact that a document is available on this site does not mean that the information contained in such document has not been modified or superseded by events or by a subsequent document or filing. Any forward-looking statement reproduced on this site speaks as of the original date the document containing such statement was published or filed and should be read together with certain factors set forth in the Company's Annual Report on Form 10-K under the heading "Forward-Looking Statements", the Company's Quarterly Reports on Form 10-Q under the heading "Other Information" and in other CLAYPODS filings with the SEC available on this site or on the SEC's Edgar Database (http:/www.sec.gov/edgarhp.htm) that could cause actual future events or results to differ materially from anticipated events or results. CLAYPODS has no duty or policy to update any information or statements contained on this site and, therefore, such information or statements should not be relied upon as being current as of the date you access this site. Moreover, any portion of the materials available on this site may include technical inaccuracies or typographical errors. Changes may be made from time to time without notice to the materials available on this site, the Software and to the products described on this site.

TO THE FULLEST EXTENT PERMISSABLE PURSUANT TO APPLICABLE LAW, CLAYPODS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CLAYPODS DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION CONTAINED ON THIS SITE. CLAYPODS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS AVAILABLE ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MATERIALS, THIS SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMITTED BY LAW, YOU (AND NOT CLAYPODS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR AND CORRECTION. TO THE FULL EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL CLAYPODS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, SITE OR ANY DOWNLOADED MATERIALS, EVEN IF CLAYPODS OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULL EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CLAYPODS TOTAL LIABILITY TO YOU FROM ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR OTHERWISE) EXCEED THE AMOUNT YOU PAID TO CLAYPODS, IF ANY, FOR PRODUCTS PURCHASED ON THIS SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE ABOVE LIMITATIONS OF LIABILITY, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Links to Other Web Sites

CLAYPODS makes no representation whatsoever regarding the content of any other web sites which you may access from this site. When you access a non-CLAYPODS web site, please understand that it is independent from CLAYPODS and that CLAYPODS has no control over the content on that web site. A link to a non-CLAYPODS web site does not mean that CLAYPODS endorses or accepts any responsibility for the content or use of such web site.

Submissions

Should any viewer of a document on this web site respond to CLAYPODS with information including feedback data, such as questions, comments, suggestions, or the like regarding the site, or the content of any item, such information shall be deemed to be non-confidential and CLAYPODS shall have no obligation of any kind with respect to such information. In addition, CLAYPODS shall be free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivative works, and distribute the information to others without limitation, and to authorize others to do the same. Further, CLAYPODS shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and other items incorporating such information. This paragraph is not intended to apply to any personal information about you (such as name, mailing address and e-mail address), the use of which will be governed by CLAYPODS Privacy Policy. In consideration of CLAYPODS continuing efforts to enhance and improve these products and to respond to feedback from users, you agree to transfer such ideas, concepts, know-how and techniques to CLAYPODS without any compensation. You agree to execute any and all documents that CLAYPODS may reasonably request in connection with confirming CLAYPODS ownership of and unlimited right to use such ideas, concepts, know-how and techniques. You are solely responsible for the content of any comments you make. You agree that no comments submitted by you to this web site will: (i) violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights; (ii) be or contain libelous or otherwise unlawful, abusive, or obscene material or constitute the misappropriation of the trade secrets of any third party; and (iii) disparage the products or services of any third party. You agree not to submit any personal information (other than your email address or user name) through email sent to other users or messages posted on this site by you.

Termination

This Agreement is effective unless and until terminated by either you or CLAYPODS. You may terminate this Agreement at any time by no longer using this web site, provided that all prior uses of this web site shall be governed by this Agreement. CLAYPODS may terminate this Agreement at any time and without notice, and accordingly deny you access to this web site, in CLAYPODS sole discretion for any reason, including your failure to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or CLAYPODS, you must promptly destroy all materials downloaded or otherwise obtained from this web site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.

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