Terms of Use
Welcome to the DeltaPoint, Inc. Website at www.deltapointinc.com
(the “Website”). The use of the Website, including the content,
materials and information available on or through the Website
(“Materials”), are governed by these Terms of Use (“Terms”). By
using this Website, you acknowledge that you have read these Terms
and that you accept and will be bound by the Terms.
Disclaimers
Materials
All Materials are provided “as-is” and “as-available,” and all
warranties, express, implied or statutory, are disclaimed. The
Materials may contain errors or other problems. Your use of the
Website and use or reliance upon any of the Materials on the Website
is solely at your own risk. In no event will DeltaPoint, its
affiliates, agents, licensors or suppliers be liable to you or
anyone else for any decision made or action taken by you in reliance
on such Materials or the Website. No representations, warranties or
guarantees whatsoever are made as to the accuracy, adequacy,
reliability, correctness, completeness, suitability or applicability
of any information or other Materials to a particular situation.
Third-Party Sites
This Website may contain hyperlinks to websites not operated by
DeltaPoint. We provide these hyperlinks for your convenience, but we
do not review, control or monitor the materials on any other
websites. These Terms do not apply to any other sites that you may
visit via hyperlink. DeltaPoint encourages you to review the privacy
policies and terms of use applicable to those sites. DeltaPoint
makes no representations as to the accuracy of information contained
on other websites, and hyperlinks to those sites do not imply any
endorsement of those sites or the information or materials available
at those sites.
Restrictions on Use
You are permitted to download and print individual pages of the
Website for personal and noncommercial purposes only. Your use of
the Website must not alter the original content of the Website.
Ownership
All trademarks, service marks, trade names, logos, graphics,
articles and other Materials are protected by United States and
foreign copyright, trademark and other applicable laws. All
trademarks, service marks, trade names and logos displayed on the
Website are proprietary to DeltaPoint or its affiliates or the
respective third-party owner.
No License
Except for the limited rights expressly granted above, nothing
herein or contained on the Website should be construed as granting,
by implication, estoppel or otherwise, any license or right to use
any Materials without the written permission of DeltaPoint or such
other third party that may own the trademark displayed on the
Website.
Limitations of Liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE,
SHALL DELTAPOINT OR ITS AFFILIATES, AGENTS, LICENSORS OR SUPPLIERS
BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OF THE
WEBSITE OR THE MATERIALS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE.
Indemnification; Hold Harmless
You agree to indemnify and hold DeltaPoint, and its affiliates,
agents, licensors and suppliers, harmless from any claims, losses,
costs, damages, liabilities and expenses, including attorney’s fees,
arising out of your use or misuse of the Website or violation of
these Terms.
Modification of the Terms
DeltaPoint reserves the right, at our discretion, to change, modify,
add or remove portions of these Terms at any time. We will notify
you of the changes only by posting the new Terms on our Website and
indicating the new “effective date” at the bottom of the Terms. We
encourage you to periodically review these Terms for changes. Your
continued use of this Website after the posting of changes
constitutes your agreement to these Terms and any updates.
Password-Protected Areas
Access to certain portions of the Website may be password protected.
Passwords should be kept strictly confidential and should not be
shared with any other persons. DeltaPoint reserves the right to
terminate at any time any user’s access to password-protected
portions of this Website.
Governing Law
These Terms, and any disputes relating to these Terms or your use of
the Website or Materials, shall be governed in all respects by the
laws of the State of Oregon, without regard to conflicts of laws
principles. Any disputes relating to the above shall be resolved
solely in the state or federal courts located in Portland, Oregon.
Entire Agreement
These Terms set forth the entire agreement between us with respect
to the subject matter hereof and may be modified only in a written
agreement executed by you and a DeltaPoint authorized signatory.
DeltaPoint’s Privacy Policy, also posted on our Website, is hereby
incorporated herein by reference.
Assignment
These Terms, and any rights and licenses granted hereunder, may not
be transferred or assigned by you without our consent, but may be
assigned by DeltaPoint to an affiliate or successor without
restriction. These Terms are binding on your successors and
permitted assigns.
Effective Date: June 15, 2010
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