Subject to the terms and conditions set forth in this Agreement, CWE grants you a non-exclusive, non-transferable, limited right to access, use and display this Site and the materials thereon. You agree not to interrupt or attempt to interrupt the operation of the Site in any way.
CWE authorizes you to view and download the information (“Materials”) at this Site only for your personal, non-commercial use. This authorization is not a transfer of title in the Materials and copies of the Materials and is subject to the following restrictions: 1) you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials; 2) you may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; and 3) you must not transfer the Materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions of use. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. You agree to comply with all applicable copyright laws in your use of this Site and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, CWE does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.
Materials may contain inaccuracies and typographical errors. CWE does not warrant the accuracy or completeness of Materials or the reliability of any advice, opinion, statement or other information displayed or distributed through the Site. You acknowledge that any reliance on any such information shall be at your sole risk. CWE reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site. CWE disclaims any duty to update the Site. CWE may make any other changes to the Site at any time without notice.
This Site, the information and Materials on the Site, and the software made available on the Site, are provided “as is” without any representation or warranty, express or implied, of any kind, including, but not limited to, warranties of merchantability, noninfringement, or fitness for any particular purpose. Some jurisdictions do not allow for the exclusion of implied warranties, so the above exclusions may not apply to you.
Third Party Sites
As a convenience to you, CWE may provide, on this Site, links to Web Sites operated by other entities. If you use these links, you will leave this Site. If you decide to visit any linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. CWE makes no warranty or representation regarding, and does not endorse, any linked websites or the information appearing thereon or any of the products or services described thereon. Links do not imply that CWE or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked website is authorized to use any trademark, trade name, logo or copyright symbol of CWE or any of its affiliates or subsidiaries.
External Links to the Site
All links to the Site must be approved in writing by CWE, except that CWE consents to links in which: (i) the link is a text-only link containing only the name “CWE” or “CWEcorp.com” or other variants; (ii) the link “points” only to www.CWEcorp.com and not to deeper pages;(iii) the link, when activated by a user, displays that page full-screen in a fully operable and navigable browser window and not within a “frame” on the linked website; and (iv) the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with or sponsored by CWE nor be such as to damage or dilute the goodwill associated with the name and trademarks of CWE or its affiliates or subsidiaries. CWE reserves the right to revoke this consent to link at any time in its sole discretion.
Information Provided By You
Limitations of Damages
CWE or any of its affiliates or subsidiaries shall not be liable in any event (but to the extent permitted by law in your jurisdiction), to any entity or person for any direct, indirect, special, consequential or other damages (including, without limitation, any lost profits, business interruption, loss of information or programs or other data on your information handling system) that are related to the use of, or the inability to use, the content, materials, and functions of the Site or any linked website, even if CWE is expressly advised of the possibility of such damages.
CWE reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement in whole or in part, at any time. Your continued use of the Site after any changes to this Agreement are made will be considered acceptance of those changes.
CWE may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time. CWE may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. CWE may terminate the authorization, rights and license given above and, upon such termination, you shall immediately destroy all Materials.
Statements made in this Site may constitute forward-looking statements within the meaning of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934. Such forward-looking statements involve certain risks and uncertainties, including statements regarding the intent, belief or current expectations of CWE and its management regarding the company’s strategic directions, prospects and future results.
Certain factors may cause actual results to differ materially from those contained in the forward-looking statements, including, but not limited to the ongoing economic downturn; our ability to comply with government contract procurement regulations; changes in our book of business; our dependence on government appropriations and procurements; our ability to profitably execute our contracts and guarantees; our leveraged position; our ability to service our debt; liability for pending and future litigation; the impact of changes in laws and regulations; our ability to maintain adequate insurance coverage; a decline in defense spending; industry competition; our ability to attract and retain key individuals; risks associated with international operations; our ability to successfully integrate our accounting and project management software; our relationship with our labor unions; and other risks discussed in the company’s most recent periodic report with the Securities and Exchange Commission, which discussions are incorporated herein by reference.
International Users and Choice of Law
CWE makes no representation that materials at this Site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the Materials in violation of U.S. export laws and regulations. If you access this Site from a locations outside of the United States, you are responsible for compliance with all applicable laws. This Agreement is governed by the laws of the California, without giving effect to its conflict of laws provisions.
This Agreement constitutes the entire agreement between CWE and you with respect to your use of the Site. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.