Legal

Terms of Use

Please Read These Terms Carefully Before Using This Site. This Web site AND DOMAIN NAME (“SITE”) are provided by COLEMAN LABORATORIES, LLC (COLEMAN LABS) 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, COLEMAN LABS 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.

COLEMAN LABS 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, COLEMAN LABS 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. COLEMAN LABS 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. COLEMAN LABS RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. COLEMAN LABS DISCLAIMS ANY DUTY TO UPDATE THE SITE. COLEMAN LABS 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, COLEMAN LABS 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. COLEMAN LABS 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 COLEMAN LABS 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 COLEMAN LABS or any of its affiliates or subsidiaries.

External Links to the Site

All links to the Site must be approved in writing by COLEMAN LABS, except that COLEMAN LABS consents to links in which: (i) the link is a text-only link containing only the name “Coleman Laboratories, LLC”; (ii) the link “points” only to www.colemanlabs.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 COLEMAN LABS nor be such as to damage or dilute the goodwill associated with the name and trademarks of COLEMAN LABS or its affiliates or subsidiaries. COLEMAN LABS 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 COLEMAN LABS via this Site is protected by the Privacy Policy associated with this Site. You should not, send any confidential or proprietary information to COLEMAN LABS via the Site. You agree that any information or materials that you or individuals acting on your behalf provide to COLEMAN LABS will not be considered confidential or proprietary. By providing any such information or materials to COLEMAN LABS, subject to applicable laws you grant to COLEMAN LABS 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 COLEMAN LABS is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to COLEMAN LABS. 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 COLEMAN LABS that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another.

Limitations of Damages

IN NO EVENT SHALL COLEMAN LABS 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 COLEMAN LABS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Changes

COLEMAN LABS 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.

COLEMAN LABS may terminate, change, suspend or discontinue any aspect of the COLEMAN LABS Site, including the availability of any features of the Site, at any time. COLEMAN LABS may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. COLEMAN LABS may terminate the authorization, rights and license given above and, upon such termination, you shall immediately destroy all Materials.

Forward-Looking Information

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 COLEMAN LABS 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 an economic downturn; changes in our book of business; our compliance with government contract procurement regulations; our ability to procure government contracts; our reliance on government appropriations; the ability of the government to unilaterally terminate agreements; our ability to make accurate estimates and control costs; our and our partners’ ability to bid on, win, perform and renew contracts and projects; environmental issues and liabilities; liabilities 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; employee, agent or partner misconduct; risks associated with changes in equity compensation; our leveraged position and ability to service our debt; risks associated with international operations; business activities in high security risk countries; project management and accounting software risks; terrorist and natural disaster risks; our relationships with our labor unions; our ability to protect our intellectual property rights; anti-takeover risks; 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

COLEMAN LABS 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 laws provisions.

This Agreement constitutes the entire agreement between COLEMAN LABS 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.

Privacy Policy

Information Collected

In general, you can visit this Web site (“Site”) without telling us who you are or revealing any information about yourself. Our web servers collect the domain names, not the e-mail addresses, of visitors. Our web servers may seek to place a “cookie” (a small data file) on your computer’s hard drive which allows the server to determine the computer when it visits again, in order to track statistical information about navigation to and throughout certain areas of our Site, and to COLEMAN LABS promotions on other Web sites. This cookie is not used to obtain your name or any personal data, and the information that is tracked is used only for internal purposes. However, if you prefer not to accept cookies, you can set your browser to reject them or to alert you before one is placed.

In addition, there are parts of this Site where we may need to collect personal information from you for a specific purpose, such as to provide you with certain information you request. The information collected from you may include your name, address, telephone, fax number, e-mail address, etc. If you do not provide all the information needed by us we may not be able to give you the information you request. We do not knowingly solicit or collect personal information from or about children, and we do not knowingly market our products or services to children.

Use of Collected Information

Domain name information that we collect is not used to personally identify you and instead is aggregated to measure the number of visits, average time spent on the Site, pages viewed, etc. We use this information to measure the use of our Site and to improve the content of our Site. When other information is collected from you, such as your name and e-mail address, we generally let you know at the time of collection how we will use the personal information. Usually, we use the personal information you provide only to respond to your inquiry or to process your request (such as to receive investor relations materials or inquiry about employment). We may also share your personal information with our subsidiaries or affiliates to enable us to do so. For this purpose, the information you provide may be transferred outside your country to another country that does not have similar data protection legislation and may provide a lower level of protection for your information. However, we have taken certain measures outlined below to try to ensure the security of your information. By submitting any information you consent to these transfers. We may also share your personal information with other companies we have hired to provide services for us. These companies – our vendors – are contractually bound to use personal information we share with them only to perform the services we have hired them to provide. We do not share, sell, or lease personal information about you to any third-parties for their marketing use. We will release information about you if you direct us to do so, if we are required by law to do so, or in other legally limited circumstances (for example, to protect your account from fraud).

Links to Other Sites

COLEMAN LABS’ Site may contain links to other Sites and we try to link only to Sites that share our high standards and respect for privacy, we are not responsible for the content, security, or ‘privacy practices employed by other Web sites.

Security of Collected Information

We use all reasonable efforts to maintain physical, electronic, and administrative safeguards to protect your personal information from unauthorized or inappropriate access but we not know that the Internet is not a secure medium. We restrict access to information about you to those COLEMAN LABS workers who need to know the information to respond to your inquiry or request. Workers who misuse personal information may be subject to disciplinary action.

Access to Collected Information

You may review and update the information that you provide to us through this Site by contacting us as described below.

Contacting Us

If you have any questions about this privacy policy, please use the Contact Us page. We welcome your questions and suggestions about our privacy policy.

Changes to this Policy

This privacy policy is currently effective and changes in this privacy policy will be effective when notice of such change is posted. We reserve the right to modify or supplement this privacy policy at any time. Please check this privacy policy periodically to inform yourself of any changes. Your continued use of the Site after changes to this privacy policy are posted will be considered acceptance of these changes.

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