CE Solution Works LLC

Web Site Terms and Conditions

(Updated August 2007)

This web site ("Site") is owned, operated and provided to you ("You") by CE Solution Works LLC. ("CESW"). If You proceed to use the CESW resources located at this Site (“Resources”), You agree to abide by these Terms of Use. If You do not wish to abide by these Terms of Use (and any disclaimers posted elsewhere on the Site) then You may not use this Site. CESW may from time to time revise these Terms of Use by updating this posting. You should therefore periodically visit this page to review the current Terms of Use, so You are aware of any such revisions to which You are bound. Your continued use of this Site and the resources enabled by the Site will signify and represent Your acceptance of the current Terms of Use.

Trademark Information

"CE Solution Works", “Solution Works” and the CESW logo are trademarks of CE Solution Works LLC. The absence of a product or service name or logo belonging to CESW or anywhere in the text of this Site does not constitute a waiver of CESW's trademark or other intellectual property rights concerning that name or logo.

Third Party Companies and Marks

All other products and brand names are trademarks and/or registered trademarks of their respective companies. CESW disclaims any and all rights in these marks. Mention of third party products, companies, and sites on this Site is for informational purposes only and constitutes neither an endorsement nor a recommendation. CESW provides this information only as a convenience to You and CESW makes no representation whatsoever regarding the content of any other web sites. CESW makes no representations regarding the quality, safety or suitability of any third party products.

Personal and Non-Commercial Use Limitation

The contents of this Site, including the text, images, audio and video (collectively referred to herein as "Materials") and the Resources are for Your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell the Materials or any information, software, products or features obtained from the Materials or the Resources.

No Unlawful or Prohibited Use

As a condition of Your use of the Site and Resources, You will not use the Site and Resources for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Site or Resources in any manner that could damage, disable, overburden, or impair any CESW server, or the network(s) connected to any CESW server, or interfere with any other party's use and enjoyment of the Site or any Materials or Resources. You may not attempt to gain unauthorized access to the Site or any Materials or Resources, other accounts, computer systems or networks connected to any CESW server or to any of the Resources, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Materials or Resources. Violations of any of the above, including intellectual property infringement and Site or service security issues, will be investigated by CESW and prosecuted to the fullest extent of the law, whether civil or criminal. CESW may involve, and cooperate with, law enforcement authorities in prosecuting users who violate these Terms of Use.

Indemnity

You agree to defend, indemnify, and hold harmless CESW, its officers, directors, employees and agents, from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, made by any third party due to or resulting from Your use of the Site, the Site Content, or Your violation of these Terms of Use.

Notice Specific To Documents Available On This Site

Permission to use Documents (such as white papers, press releases, and FAQs) from the Site will be granted only in writing by CESW.  Documents specified do not include the design or layout of the site or any other CESW owned, operated, licensed or controlled site. Elements of CESW sites are protected by trademark and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any CESW Web site may be copied or retransmitted unless expressly permitted by CESW. Unauthorized use is expressly prohibited by law, and may result in severe civil and criminal penalties.

Termination

If You violate any of these terms, Your permission to use the Resources enabled by the Site will automatically terminate, and we may end Your use of the Site. The termination of Your authorization to use this Site shall not terminate any provisions of the Terms of Use which, by their nature, are intended to survive termination, including without limitation, provisions relating to indemnification, limitation of liability, and proprietary rights.

Limitation of Liability

YOU AGREE THAT NEITHER CESW NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE SHALL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES RESULTING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THE SITE, THE SITE CONTENT, THE MATERIALS, RESOURCES, OR WITH RESPECT TO THE INFORMATION, RESOURCES, CONTENT OR ADVERTISEMENTS CONTAINED ON OR OTHERWISE ACCESSED THROUGH THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE KNOW OF THE POSSIBILITY OF SUCH DAMAGE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF DAMAGES, IN WHICH CASE THE ABOVE LIMITATION OR EXCLUSION WILL NOT APPLY TO YOU. IN NO EVENT SHALL CESW'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

Disclaimer

CESW intends for the information and data contained in the Site to be accurate and reliable, however, since the information and data have been compiled by CESW from a variety of sources, CESW does not represent or guarantee the truthfulness, accuracy, reliability, completeness or timeliness of contents on the Site. THIS SITE IS PROVIDED BY CESW ON AN "AS IS" BASIS. CESW MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE, INCLUDING THE ACCURACY, TIMELINESS OR COMPLETENESS OF THE INFORMATION PROVIDED ON THE SITE, OR OTHER SITES HYPERLINKED TO THE SITE, OR A USER'S RELIANCE ON OR USE OF ANY INFORMATION OR TOOLS PROVIDED ON OR THROUGH THE SITE, OR ANY FAILURE OF PERFORMANCE CAUSED BY OR ARISING OUT OF USE OF OR ACCESS TO ANY CONTENT OR INFORMATION CONTAINED IN THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CESW DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. FURTHER, CESW DOES NOT WARRANT THE FUNCTIONS CONTAINED ON THE SITE, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT CESW) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION. CESW ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, RESOURCES, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE.

Unsolicited Idea Submission Policy, Feedback and Information

CESW or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when CESW's advertisements, products or marketing strategies might seem similar to ideas submitted to CESW. If, despite our request that You not send us Your ideas and materials, You still send them, please understand that CESW makes no assurances that Your ideas and materials will be treated as confidential or proprietary and all such ideas and materials are the property of CESW LLC. Any feedback You provide at this Site shall be deemed to be non-confidential. CESW and its affiliates shall be free to use such information for any purpose on an unrestricted basis.

Applicable Law and Jurisdiction

This Site is created and controlled by CESW Inc. in the State of Virginia, USA. CESW makes no representation that Materials or Resources on the Site are appropriate or available for use in other locations. If You access this Site from another location, You do so on Your own initiative and are responsible for compliance with local laws, if and to the extent they are applicable. All information available on this Site is subject to U.S. export control laws and may also be subject to the laws of the country where You reside.

By accessing this Site, You agree that the laws of the State of Virginia will govern all matters relating to this Site, without giving effect to any principles of conflicts of laws. You also consent to the exclusive jurisdiction and venue of the Superior Court of Henrico County for state claims and the District of Virginia for federal claims in all disputes arising out of or relating to the use of this Site. If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. The parties agree that the Uniform Computer Information Transaction Act (or any statutory implementation of it) and the United Nations Convention on the International Sale of Goods will not apply with respect to this Agreement or the parties' relationship.

General Provisions

You are responsible for compliance with applicable local laws, keeping in mind that access to the Site Content may not be legal by certain persons or in certain countries. These Terms of Use are personal to You. You may not transfer, assign or delegate this Terms of Use to anyone without the express written permission of CESW. Any attempt by You to assign, transfer or delegate these Terms of Use without the express written permission of CESW shall be null and void. The paragraph headings in these Terms of Use are included to help make the agreement easier to read and have no binding effect. These Terms of Use comprise the entire agreement between You and CESW with respect to the use of the Site and supersede all prior agreements between the parties regarding the subject matter contained herein.