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Terms & Conditions

This Terms of Use Agreement (this "Agreement") is a legal agreement between you ("User") and Delta Data Services, LLC. ("Delta Data Services") that governs your use of this website. By utilizing this Delta Data Services website, User acknowledges that he or she has read, understood, and agrees to comply with the terms and conditions stated within this Agreement.

Delta Data Services may amend these terms and conditions at any time. User’s continued use of this website constitutes acceptance of the terms and conditions stated at the time of use.

PRIVACY

Delta Data Services may collect information about the Users of its websites. Collection of this information is governed by the Delta Data Services Privacy Policy.

USER CONDUCT

User agrees that all the information posted or accessed by User will be used only for informational or educational purposes. There will be no commercial or other unauthorized use of interactive features by the User. User will not engage in any conduct or action that is prohibited by law or violates and federal, state, or local laws. Users of this site also agree not to distribute, post, publish or otherwise communicate any content which defames, abuses or threatens others, which is hateful or racially offensive, or which contains vulgar, obscene or indecent language or images, or which contains unauthorized copyrighted material or infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.

CORPORATE IDENTIFICATION AND TRADEMARKS

All registered and/or unregistered trademarks and/or service marks (collectively, "Marks") used or referred to on this website are the property of Delta Data Services and its affiliates unless otherwise noted. Users may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify these Marks in any way for any purpose without Delta Data Services prior written permission. The use of Delta Data Services Marks on any other website is prohibited.

PROPRIETARY RIGHTS TO CONTENT

All materials contained in this website are copyrighted except where explicitly noted otherwise. ©2018, Delta Data Services. All rights reserved.

User acknowledges and agrees that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in this website ("Content") is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. User understands and agrees that User is not permitted to copy, reproduce, distribute or create derivative works from this Content or use this Content other than as expressly authorized by this Agreement without Delta Data Services' prior, express authorization.

USER SUBMISSIONS

User agrees that any materials (including without limitation, stories, text, pictures) submitted to Delta Data Services become the sole property of Delta Data Services, and that User has no rights of any kind in such materials. To the extent that such materials cannot be transferred to Delta Data Services, User grants Delta Data Services a world-wide, royalty-free, and non-exclusive license to modify, use, display, distribute, sub-license, and publish such materials for any purpose.

LINKS TO 3RD PARTY SITES 

Delta Data Services may provide Users with links to other websites. These third party sites are not under the control of Delta Data Services and User acknowledges that Delta Data Services is not responsible or liable for any content, advertising, products or other materials available from such third party sites. User also agrees that Delta Data Services shall not be liable for any loss or damage of any sort incurred as the result of using any third party’s website. In general, you should be cautious about using materials, including software, provided by websites unless you trust the owner and operator of the website.

LIMITATION OF LIABILITY

USER EXPRESSLY UNDERSTANDS AND AGREES THAT Delta Data Services SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPT OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THIS WEBSITE, OR RESULTING FROM ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEBSITE, REGARDLESS OR THE BASIS UPON WHICH LIABILITY IS CLAIMED, EVEN IF Delta Data Services HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

NOTE: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

DISCLAIMER OF WARRANTIES

Delta Data Services makes no warranty that this website will meet your requirements or that it will be uninterrupted, timely, secure or error free; nor does Delta Data Services make any warranty as to the results that may be obtained from the use of this website or as to the accuracy or reliability of any information obtained through this website. USER UNDERSTANDS AND AGREES THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT USER’S OWN RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT. UNLESS EXPRESSLY STATED OTHERWISE, Delta Data Services PROVIDES THIS SITE CONTENT "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT ALLOWABLE BY LAW. THIS INCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL Delta Data Services OR ITS AFFILIATES OR CONTRACTORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INDCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE CONTENT, EVEN IF Delta Data Services HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTE: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION

User agrees, at User’s expense, to indemnify, defend and hold harmless Delta Data Services, its officers, directors, employees, agents, affiliates, distributors and licensees from and against any judgment, losses, deficiencies, damages, liabilities, costs and expenses (including reasonable attorney’s fees and expenses) incurred in connection with or arising from any claim, demand, suit, action or proceeding arising out of User’s breach of this Agreement or in connection with User’s use of this website or any product or service related thereto. This indemnification does not apply to Delta Data Services brand products.

VENUE AND GOVERNING LAW

This Agreement and the relationship between User and Delta Data Services shall be governed by and construed in accordance with the laws of the State of California. Any controversy or claim arising out of or relating to this Agreement or relating to use of this website and the material contained in this website shall be resolved in a federal or state court in Los Angeles County. User agrees that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement must be filed within one (1) year after such claim or cause of action arises or it will be forever barred.

WAIVER /SEVERABILITY

The waiver by either party of a breach or right under this Agreement will not constitute a waiver of any subsequent breach or right. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which will otherwise remain in full force and effect. Arbitration By using our site, you agree that Delta Data Services may, at its sole discretion, require you to submit any disputes arising from the use of this site, these Terms and Conditions, or our Privacy Policy, to final and binding arbitration under the International Arbitration Rules of JAMS, except that in all cases, the substantive law of California will apply. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other incidental damages.

RESERVATION OF RIGHTS

Any rights not expressly granted herein are reserved. In accordance with laws governing literary and artistic property rights or other similar rights, the reproduction or redistribution of the elements that make up the Delta Data Services Web site, in whole or in part, is strictly prohibited.
 
All of the brands cited herein are registered trademarks. Delta Data Services is happy to welcome you to its Web site. While Delta Data Services has endeavored to ensure the accuracy of the information accessed via the Web site, Delta Data Services does not guarantee or give any warranty as to the accuracy, timeliness or completeness of any information or material on the Web site, and declines all responsibility for technical inaccuracies or other errors. Delta Data Services declines all responsibility for any difficulties encountered in accessing the site or for any communication line failure.

DATE UPDATED: October 1, 2018

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