Subject to section 7 of these terms and conditions, in no event shall BER Directory, its supplier, or any third parties mentioned at the site be liable for any damages whatsoever (including, without limitation, incidental, special and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the site and the material, whether based on statute, contract, tort, or any other legal cause, and whether or not BER Directory is advised of the possibility of such damages.

Generally, any communication which you post to the Site is considered to be non-confidential. By posting communications to the Web Site, you automatically grant BER DIRECTORY a royalty-free, perpetual, irrevocable non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sub-licence such rights through multiple tiers of sub-licences. As a User, you are responsible for your own communications and are responsible for the consequences of their posting. You must not do the following things: • Post material in circumstances that breach the criminal law; • post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; • post material that reveals trade secrets, unless you own them or have the permission of the owner; • post material that infringes on any intellectual property rights of others or on the privacy or publicity rights of others; • post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another User or any other person or entity; • post a sexually-explicit image; • post advertisements or solicitations of business; or • Impersonate another person or entity. You agree not to use the Site or cause or permit any Materials to be used:- • so as to jeopardise or prejudice the operation, quality or integrity of the Site or Materials, the operation, quality or integrity of any telecommunications network, or any other use which might be deemed by BER DIRECTORY to be harmful to BER DIRECTORY'S business, reputation or the commercial exploitation of the Site; • for any commercial purpose including any surveys, contests or pyramid schemes, nor to use a Service to participate in or cause others to participate in sending chain letters, junk e-mail, spam, duplicative or unsolicited messages, advertising or promotional material; • to harvest or otherwise collect by any means any Material or information (including without limitation email addresses or details of properties) from the Site otherwise than as authorised in this Agreement or to monitor, mirror or copy any Material without the prior written consent of BER Directory; • to distribute, download, upload or transmit any material which contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs; • contrary to the terms and conditions of any Internet Service Provider whose services you may use. BER DIRECTORY does not represent or guarantee the truthfulness, accuracy, or reliability of any of communications posted by other Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk. BER DIRECTORY does not screen communications in advance and is not responsible for screening or monitoring material posted by Users. If notified by a User of communications which allegedly do not conform to this Agreement, BER DIRECTORY may investigate the allegation and determine in good faith and at its sole discretion whether to remove or request the removal of the communication. Each User hereby agrees that any such action taken by BER DIRECTORY will not be challenged by User. BER DIRECTORY has no liability or responsibility to Users for performance or non-performance of such activities. BER DIRECTORY reserves the right to expel Users and prevent their further access to the Site for violating this Agreement or the law and the right to remove communications which are abusive, illegal, or disruptive or which BER DIRECTORY otherwise deems to be in breach of these Terms and Conditions of Use.

The Site contains links to third party Web Sites. These links are provided solely as a convenience to you and not as an endorsement by BER DIRECTORY of the contents on such third party Web Sites. BER DIRECTORY is not responsible for the content of linked third party sites and does not make any representations regarding the content or accuracy of materials on such third party Web Sites. If you decide to access linked third-party Web Sites, you do so at your own risk. BER DIRECTORY generally welcomes the hyper-linking to the Site from other appropriate Web Sites provided such links are to the Sites homepage (and no deeper within the Site) and provided BER DIRECTORY gives its consent to the establishment of such links. Notwithstanding the foregoing, BER DIRECTORY reserves the absolute right to refuse to consent to such links without giving reasons. Any links to the Site from another Web Site must be presented in such a manner that the viewing of the Site is not impaired by framing or similar techniques that may impair the visitor's user experience.

All Brochure that is made available for downloading from the Site ("Brochure ") is protected by copyright and may be protected by other rights. The use of such Brochures is governed by the terms of the Brochure licence agreement or designated "Legal Notice" accompanying such Brochure ("Licence Agreement"). The downloading and use of such Brochure is conditioned on your agreement to be bound by the terms of the Licence Agreement.

Unless otherwise expressly provided in a Brochure Licence or Legal Notice, the aggregate liability of BER DIRECTORY to you for all claims arising from the use of the Site or Materials (including Brochure) is limited to €1 and you acknowledge that this is a genuine pre-estimate of any loss you might suffer as a result of such a claim.

You agree to defend, indemnify, and hold harmless BER DIRECTORY, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting whether directly or indirectly from your use of the Site or Material (including Software) or your breach of the terms of this Agreement. BER DIRECTORY shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

Many countries control the export of products and information. You agree to comply with such restrictions and not to export or re-export the Materials (including Brochure) to countries or persons prohibited under the export control laws. By downloading the Materials (including Brochure), you are agreeing that you are not in a country where such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Materials.

The Site is controlled by BER DIRECTORY from its location within Ireland. BER DIRECTORY makes no representation that Materials are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Any disputes, claims or proceedings arising out of or in any way relating to the Materials or the Site shall be governed by the laws of Ireland. The Irish Courts shall have exclusive jurisdiction for the purpose of any proceedings arising out of or in any way relating to the Materials or the Site. Without prejudice to the foregoing, BER DIRECTORY may seek provisional or protective relief in the courts of another State prior to, during or after any substantive proceedings have been instituted in Ireland and BER DIRECTORY may bring enforcement proceedings in another state on foot of an Irish judgment. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND BER DIRECTORY WITH RESPECT TO THE USE OF THE SITE. Any changes to this Agreement will be posted on the Site and will take immediate effect. BER DIRECTORY may at any time and without liability modify, suspend or discontinue the Site or any Materials (or any part or specification thereof), with or without notice, for any valid technical, operational or commercial reasons. © COPYRIGHT BER DIRECTORY 2008. ALL RIGHTS RESERVED.

Any disputes or questions relating to materials, products, services or merchandise (the “Materials”) from linked sites or fulfillment or delivery thereof and the quality, suitability and fitness for purpose of such Materials should be directed to the relevant third party website and you acknowledge that BER DIRECTORY and its affiliates, related or subsidiary companies shall have no responsibility, obligation or liability whatsoever in relation to such Materials.