HKZ Consulting Engineers - Terms And Conditions

terms of use

TERMS OF USE

Please Read These Terms Carefully Before Using This Site.

This Web site AND DOMAIN NAME (“SITE”) is provided by HKZ Consulting Engineers, LLC (HKZ) and may be used for informational purposes only. By using the site or downloading materials from the site, you agree to abide by the terms and conditions set forth in this AGREEMENT. If you do not agree to abide by these terms and conditions do not use or download materials from the site.

Limited License

Subject to the terms and conditions set forth in this Agreement, HKZ 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. HKZ 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: You must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials; 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 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, HKZ does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.

Disclaimer

THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. HKZ DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE 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. HKZ RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. HKZ DISCLAIMS ANY DUTY TO UPDATE THE SITE. HKZ 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, HKZ may provide, on this Site, links to Web sites operated by other entities. If you use these sites, 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. HKZ makes no warranty or representation regarding, and does not endorse, any linked Web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that HKZ 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 site is authorized to use any trademark, trade name, logo or copyright symbol of HKZ or any of its affiliates or subsidiaries.

External Links to the Site

All links to the Site must be approved in writing by HKZ, except that HKZ consents to links in which: (i) the link is a text-only link containing only the name “HKZ Consulting Engineers, LLC”;

(ii) the link “points” only to www.hkz-consulting.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 HKZ nor be such as to damage or dilute the goodwill associated with the name and trademarks of HKZ or its affiliates or subsidiaries. HKZ reserves the right to revoke this consent to link at any time in its sole discretion.

Information Provided By You

Any personally identifiable information you may provide to HKZ via this Site is protected by the Privacy Policy associated with this Site. You should not, send any confidential or proprietary information to HKZ via the Site. You agree that any information or materials that you or individuals acting on your behalf provide to HKZ will not be considered confidential or proprietary.

By providing any such information or materials to HKZ, subject to applicable laws you grant to HKZ an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials, and you further agree that HKZ is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to HKZ. You agree not to use our Site to distribute, email or post any advertising, promotion or solicitation without our prior approval. You further recognize and warrant that you shall not provide any information or materials to HKZ that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another.

Limitations of Damages

IN NO EVENT SHALL HKZ OR ANY OF ITS AFFILIATES OR SUBSIDIARIES BE LIABLE 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 HKZ IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Modifications to Website

HKZ reserves the rights, at its sole discretion, to change, modify, add or remove any portion of this Agreement in whole or in part, at any time. Changes in this Agreement will be effective when notice of such change is posted. Your continued use of the Site after any changes to this Agreement are posted will be considered acceptance of those changes. HKZ may terminate, change, suspend or discontinue any aspect of the HKZ Site, including the availability of any features of the Site, at any time. HKZ may also impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability. HKZ may terminate the authorization, rights and license given above and, upon such termination; you shall immediately destroy all Materials.

Forward-Looking Information

Statements contained in this Site that are not historical facts may constitute forward-looking statements, including statements regarding the intent, belief or current expectations of HKZ and its management regarding the company’s strategic directions, business prospects and future financial results. We believe that our expectations are reasonable and are based on reasonable assumptions; however, we caution against relying on any of our forward-looking statements as such forward-looking statements by their nature involve risks and uncertainties. A variety of factors, including but not limited to the following, could cause our business and financial results, as well as the timing of events, to differ materially from those expressed or implied in our forward-looking statements: declines in the economy or client spending; federal sequestration; changes in our book of business; our compliance with government regulations; impairment of our goodwill; integration of acquisitions; employee, agent or partner misconduct; our ability to procure government contracts; liabilities for pending and future litigation; environmental liabilities; changes in commodity prices; availability of bonding and insurance; our reliance on government appropriations; unilateral termination provisions in government contracts; our ability to make accurate estimates and assumptions; our accounting policies; workforce utilization; our and our partners’ ability to bid on, win, perform and renew contracts and projects; our dependence on partners, subcontractors and suppliers; customer payment defaults; our ability to recover on claims; impact of target and fixed-priced contracts on earnings; the inherent dangers at our project sites; the impact of changes in laws and regulations; nuclear indemnifications and insurance; misstatements in expert reports; a decline in defense spending; industry competition; our ability to attract and retain key individuals; retirement plan obligations; our leveraged position and the ability to service our debt; restrictive covenants in finance arrangements; risks associated with international operations; business activities in high security risk countries; information technology risks; natural and man-made disaster risks; our relationships with labor unions; our ability to protect our intellectual property rights; anti-takeover risks and other risks discussed in our most recent periodic report with the Securities and Exchange Commission, as well as in other reports subsequently filed from time to time with the United States Securities and Exchange Commission. We may also communicate via third party social media websites such as Twitter or Facebook and such communications may include forward-looking statements subject to the risks and uncertainties identified in the above paragraph. HKZ has based these forward-looking statements with respect to these future events only as of the date that they were made and actual performance could differ materially from that projected in the forward-looking statements. The forward-looking statements represent our current intentions as of the date on which they were made and we assume no obligation to revise or update any forward-looking statements.

International Users and Choice of Law

HKZ 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 location 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 law’s provisions.

Nondiscrimination User Poilcy

HKZ ensures nondiscrimination in all programs and activities in accordance with all federal laws including Title VI of the Civil Rights Act of 1964. If you need more information or special assistance for persons with disabilities or limited English proficiency, please contact our Helpline +1.800.453.8485 or e-mail admin@hkz-consulting.com for assistance. This Agreement constitutes the entire agreement between HKZ 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.