General Delta Controls Inc. Web Site Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.
All materials (“Materials”) on this website (“Site”), including text, information, graphics, photos, sounds, video, and other content, are provided by Delta Controls Inc. (“Delta”) as a service to its customers, employees, and members of the general public and may be used for lawful purposes only.
ACCEPTANCE OF TERMS AND CONDITIONS OF USE
In exchange for accessing, browsing and/or using this Site, you agree to be bound by these Terms and Conditions Of Use. Delta reserves the right, in its sole discretion, to modify, alter, or otherwise update these Terms and Conditions of Use at any time, and you agree to be bound by such modifications, alterations, and updates. If you do not agree to any of these Terms and Conditions of Use, then do not use this Site.
TABLE OF CONTENTS
I. COPYRIGHT INFORMATION AND RESTRICTIONS ON USE OF CONTENT
The Materials are protected in Canada and internationally by a variety of laws, including but not limited to copyright laws and treaty provisions, trademark laws, and other proprietary rights laws. Delta owns the copyright on all Materials. This means that you may not copy, reproduce, modify, republish, upload, post, transmit or distribute these Materials in any way without the prior express written permission of Delta.
You are hereby granted permission to access and browse the Materials from the Site in whole or in part. You may print a single copy of the Materials or download the Materials on a single computer, but only for your personal, non-commercial, non-public use. This permission terminates automatically if you breach any of these Terms and Conditions of Use.
Delta is not granting you any permission to use the Materials other than the permission expressly stated in these Terms and Conditions of Use. All other uses of the Materials, including but not limited to copying, reproducing, modifying, republishing, uploading, posting, transmitting, distributing, selling, creating derivative works from, displaying, incorporating into another website, linking to another website, or in any other way exploiting any of the Materials, in whole or in part, are expressly prohibited, unless you obtain Delta’s prior express written permission.
DELTA, the Delta logo, the color red as used in the Delta logo and on Delta products, and all product names appearing on this Site are among the trademarks and/or service marks owned by Delta or its affiliates, and no trademark or service mark or other license is granted in connection therewith.
Other manufacturers’ product and service names used in this Site may be trademarks and service marks of their respective companies. Delta’s trademarks or service marks may not be used publicly without prior express written permission from Delta. No other party may use an Delta trademark or service mark in any way, including but not limited to, as a hyperlink, as a meta-tag, in a search engine, or in any database, without prior written permission from Delta.
III. NO CONFIDENTIALITY FOR USER SUBMISSIONS
Do not send any confidential or proprietary information to Delta through this Site. Any material, information or other communications that you transmit or post to this Site will be deemed to be non-confidential and non-proprietary.
For all information that you do send, you hereby grant to Delta an unrestricted, royalty free, irrevocable license to copy, reproduce, modify, republish, post, transmit, distribute, display, perform and use the non-confidential and non-proprietary information for all commercial and noncommercial purposes. You also agree that Delta is free to use any ideas, concepts, know-how or techniques that you send to Delta for any purpose.
You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any other material that would violate any law. You agree to indemnify Delta and its directors, officers, employees, agents and representatives from and against any and all third party demands, claims, liabilities, lawsuits, damages, costs, and expenses, including reasonable attorneys’ fees, resulting from your breach of any of this provision.
In general, you may access and browse the Site without revealing any personal information to Delta. At times, Delta collects personally-identifiable information from you on a voluntary basis in order to provide you with information you have requested concerning Delta’s products or services. This personally-identifiable information may include your name, title, company, address, telephone number and similar information. Delta does not provide any personally-identifying information to any third party without your consent.
Delta may use a web server owned and maintained by a third party. Delta’s web server may routinely record certain information about users of the Site. This information may include your user ID (if applicable), domain name, the time you logged on, the pages you accessed, and similar information. Delta may review summaries of this type of information collected by its web server to measure the use of its Site, to optimize access to the Site for its users, and to improve the content of the Site.
Due to the rapidly evolving nature of technologies Delta uses to communicate with you, Delta may occasionally update this privacy statement.
V. LINKS TO OR FROM THIRD PARTY WEBSITES
Any websites that link to or from this Site are independent from this Site, and their contents are not under the control of Delta. Delta makes no representations whatsoever about any linked site and is not responsible for the content of any linked site or any link contained within a linked site. Delta provides all linked sites solely for your convenience and you access them at your own risk.
In addition, a link to or from a non-Delta website does not mean that Delta endorses or accepts any responsibility for your use of such website. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.
No third party may hyperlink to Delta’s website or create HTML frames involving Delta’s website without prior express written permission from Delta.
Delta makes no commitment to update these Materials or to keep these Materials current. Delta may revise the Materials at any time without prior notice to you. Delta may modify, alter or otherwise update these Terms and Conditions Of Use at any time. In exchange for accessing, browsing and/or using this Site, you agree to be bound by any such modification, alterations or updates.
VII. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
Delta provides the Materials in the Site as a service to its customers, employees and members of the public, and these Materials may contain typographical and other errors. Delta assumes no responsibility regarding the accuracy of the information that is provided and your use of such information is solely at your own risk. Delta provides no assurances that any reported problems, regarding the use of this Site or the Material, will be resolved.
Delta’s obligations with respect to its products and services are governed solely by the agreements under which they are provided. If you obtain a product or service from Delta off this web site that is provided without an agreement, that product or service is provided “AS-IS” with no warranties whatsoever, express or implied, and your use of that product or service is at your own risk.
Delta DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF THE MATERIALS ON THIS SITE OR ON ANY OTHER WEBSITES LINKED TO THIS SITE. THE MATERIALS ON THIS SITE ARE PROVIDED ‘AS IS’ WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, Delta DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, AND FREEDOM FROM ANY COMPUTER VIRUSES.
Delta WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SITE, OR ON ANY OTHER HYPER LINKED WEBSITE, OR THE MATERIALS ON THE SITE, WHETHER ASSERTED PURSUANT TO A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, OR STRICT LIABILITY, INCLUDING BUT NOT LIMITED TO SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
VIII. GOVERNING LAW AND JURISDICTION
Delta makes this Site available from its offices within Canada. In exchange for accessing, browsing, and/or using this Site, you agree that the statutes and laws of Canada and the province of British Columbia, Canada, without regard to conflicts of laws principles, govern the interpretation and construction of these Terms and Conditions of Use and will apply to all matters relating to the Materials or the use of the Site and that any litigation shall be subject to the exclusive jurisdiction of the provincial or federal courts located in the province of British Columbia, Canada.
Those persons who access this Site from other locations do so at their own risk and are solely responsible for compliance with applicable local laws. Delta makes no representation that the Materials are appropriate or available for use in other locations, and access to them from territories where their content is illegal or prohibited.
If any provision of these Terms and Conditions of Use is held to be invalid by any law, rule, order or regulation of any government or by the final determination of any state or federal court, then that provision shall be deemed severed from these Terms and Conditions of Use, and its invalidity shall not affect the enforceability of any other provision of the Terms and Conditions of Use. These Terms and Conditions of Use constitute the entire agreement between Delta and users of its Site relating to the matters contained in these Terms and Conditions of Use and shall not be modified except in a writing signed by an authorized representative of Delta.