Terms and Conditions of UseYour Use of this Site Welcome to our web site ("Site") located at the second level domain delphissoftware.com. Unless you are bound by a signed agreement that excludes this Agreement, your use of this Site, together with all its related web pages and sub domains, and its services ("Services") will be subject to the following terms and conditions. This is a legal contract, please read this Agreement carefully. By accessing this Site or using any Service, you are agreeing to these terms and conditions. If you do not want to be bound by this Agreement, you should leave this Site and not use its Services. In this Agreement, the terms "we", "us" and "our" refer to Delphis LDG, Inc. ("Delphis"), dba Delphis Software, its value added resellers, resellers, partners, OEM's, distributors, affiliates, and the companies that have helped to create, maintain, host, and support AROS. We reserve the right to change, add or delete any of the terms or conditions set forth below. We also reserve the right to add, modify, or eliminate any Service provided by AROS. We assume no responsibility if a particular Service does not exist, a Service becomes unavailable for any reason, or fails to meet your requirements. Intellectual property Intellectual property laws protect original material that we post at this Site. You are granted an individual, personal, non-exclusive, non-transferable license to access the content on this Site and to print copies of any content only for your personal use. Except as expressly provided above, all rights are reserved. Among other things, except to the extent required for the limited purpose of reviewing material on our Site, electronic reproduction, adaptation, distribution, performance or display is prohibited. Commercial use of any content is prohibited. Your Compliance with Laws and Site Guidelines You agree to comply with any and all federal, state, and/or local laws that apply to your use of this Site and/or the Services. You also agree not to engage in any activities that: encourage a violation of any law or regulation by others; abuse, harass, stalk, defame, impersonate or invade the privacy of another; infringe the rights of any third party, including intellectual property, business, contractual and fiduciary rights; are in any way connected with the transmission of "junk mail," "spam," "pyramid scheme" solicitations, chain letters, or any other mass distribution of unsolicited e-mail; interfere with the functioning of the Site or any linked web site; or involve sending abusive, obscene, hateful or otherwise offensive content by means of any Service. You also agree to comply with the rules of the internet service providers, networks, hosting and telecommunication services, servers, computer databases, and web sites that you access or use in conjunction with this Site and/or the Services. Your Privacy/Security You agree to: (a) notify us immediately if you become aware of any unauthorized use of your account, any breach in the confidentiality of your account records, or any breach or attempted breach of security involving the Site or the Services; and (b) not to access or attempt to access any non-public areas of this Site or any other user's password-protected information. In the course of doing business with you, we collect, retain and use certain "non-public personal information" about you for several purposes. We use this information to conduct business with you or our affiliated companies to conduct business with you; to develop or enhance our products and services. We may disclose non-public personal information about you to our affiliated companies as permitted by law. We do not disclose any non-public personal information about you to nonaffiliated third parties, except as set forth below or as permitted by law. You understand and agree that we may send email, or other communications, to you from time-to-time regarding this Site or Services We collect non-public personal information about you from information we receive from you on applications or other forms and/or information about your transactions with us, our affiliates or others, and may disclose such non-public information to our affiliated companies. We restrict access to non-public personal information about you to those employees who need to know that information to provide products or services to you. We maintain physical, electronic and procedural safeguards to guard your non-public personal information. We do not reveal specific information about your accounts or other personally identifiable data to parties outside our affiliated companies for their independent use unless: (1) you request or authorize it; (2) the information is provided to help complete a transaction initiated by you; or (3) the disclosure otherwise is permitted or required by law (for example, to respond to a subpoena). We do not provide account or personal information to non affiliated companies for the purpose of their independent marketing. Linked Sites and Advertisements You may be able to access web sites operated by third parties from this Site. Unless we tell you otherwise in writing, we do not operate or control any of the information, products or services on such linked sites. You acknowledge and agree that: (a) you access such linked sites at your own risk; (b) we make no representation or warranty, and assume no responsibility for, any linked site or the actions or omissions of its owners or operators; (c) we make no endorsement of, and assume no responsibility for, any goods or services offered by the companies that "power" or support this Site or any other site; and (d) although we may have a contractual or other relationship with the operators of a linked site, we will not be responsible for the content, accuracy, integrity or operation of their site. Third parties may offer goods and services to you through marketing that is made available at or through this Site. Unless we expressly state otherwise in writing, we make no endorsement regarding such parties, and we make no representation, recommendation or warranty with respect to their goods, services or advertising. You agree to hold us harmless in connection with our selection of third party advertisers, as well as their actions and omissions. Limitation on Liability and Warranty Disclaimers SITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL THEIR FAULTS AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE NOR OUR SERVICE PROVIDERS MAKE NO WARRANTIES WHATSOEVER REGARDING SITE AND SERVICES OR THE GOODS OR SERVICES ADVERTISED BY THIRD PARTIES VIA THE SITE OR LINKED SITES INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR THE ACCURACY OF ACCOUNTING DATA OR ITS ADHERENCE TO GAAP OR ANY OTHER DATA, AND HEREBY DISCLAIMS ANY AND ALL WARRANTIES THAT MIGHT OTHERWISE BE IMPLIED BY LAW (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY, INCLUDING DUTY OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) WITH REGARD OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE AROS OR SERVICES. NEITHER PARTY SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES, OR CLAIMS ARISING IN TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) ARISING OUT OF OR RELATED TO THIS AGREEMENT, AROS, CONTENT AND SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY DAMAGES YOU MAY INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF US UNDER ANY PROVISION OF THIS AGREEMENT AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO US, IF ANY, TO LICENSE THE USE OF SITE AND SERVICES. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. NO CONTENT AVAILABLE AT OR THROUGH AROS SHALL CREATE ANY WARRANTY. WE ASSUME NO RESPONSIBILITY FOR THE UNAVAILABILITY OF SITE OR SERVICES, FOR VIRUSES CREATED BY THIRD PARTIES, OR FOR INFORMATION PROVIDED BY THIRD PARTIES. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. To the extent these laws apply to you, some of the provisions set forth in this Agreement may not apply. We will not be liable to you for any failure or delay in performing the Services or making the Site available for your use if the failure or delay is due to: causes beyond our reasonable control; natural catastrophes; governmental actions or omissions; the application of any law, payment system rule, governmental guideline or regulation; terrorism; labor strikes or difficulties; communication system breakdowns; hardware or software failures; viruses introduced by third parties; our inability to confirm your identity or your authority to act; or our inability to procure supplies or materials or access the networks through which we operate the Services. You agree to indemnify, defend and hold us, our affiliates, the vendors that assist us in providing Services, and our respective directors, officers, employees and agents harmless from and against all claims, actions, proceedings, damages and costs (including attorney's fees) related to or arising out of: (i) your use of this Site or the Services; (ii) the actions or omissions of third parties who advertise at our Site or through linked sites; (iii) our reliance on instructions that are accompanied by your password or security code; or (iv) your breach of these terms. Proprietary Information You acknowledge and agree that the software used by us in the operation of this Site, and the copyright, patent, trademark, trade secret and all other proprietary rights in and to the technology, designs, graphics, marks and software used by us for this Site and the Services, are proprietary to us and our licensors. As such, you will not gain any ownership or other right, title or interest in or to them by reason of this Agreement or otherwise. You may not reverse engineer, modify, or de-compile any of the technology that we make available to you. You agree not to engage in the practice known as "screen-scraping" in an attempt to obtain a list of our Site users. You agree to comply with the terms of any license agreement we make available to you with any software. Termination We may terminate your use of the Site and any of the Services at any time without cause. The terms of this agreement will continue to apply following its termination to any obligations incurred or arising prior to its termination. Miscellaneous Amendments. Without notice we may add to, delete from, or change the terms of this Agreement by posting a revised Agreement at the Site. Your continued use of the Site or Services after such posting will be evidence of your agreement to the changes. As such, you should visit this page periodically. California Law. The validity, interpretation and legal effect of this Agreement will be governed by the laws of the State of California, without reference to its conflict of law provisions. Any legal action or proceeding between you and Delphis for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in county of Fresno in the state of California. Any cause of action brought by you or Delphis must be instituted within one year after the claim or cause of action has arisen. Copies of this Agreement. You can obtain a free paper copy of this Agreement by writing to us at Delphis Software, 516 West Shaw Avenue, Suite 200, Fresno, California, 93704. Notices. You may send notices to us at Delphis Software, 516 West Shaw Avenue, Suite 200, Fresno, California, 93704. We may send notices to you at your postal or e-mail address, or by posting a message on this Site. Copyright/Trademark Notice. Copyright © 2000-2008 Delphis LDG, Inc., 516 W. Shaw Ave, Suite 200, Fresno, California, 93704. "Delphis Software" and AROS are trademarks of Delphis, LDG, Inc. Severability. If any part, term or provision of this Agreement is determined to be invalid or unenforceable by a court, board or tribunal of competent jurisdiction, such term or provision shall be construed in all respects as if such provision were written in a manner acceptable to said court, board or tribunal, or, if such provision is found to be totally unacceptable to such court, board or tribunal in any form, then as if such invalid provision were omitted altogether. Waiver. Any waiver of the provisions of this agreement must be in writing to be valid. No waiver will occur as a result of a usage of trade, custom or practice. Failure by either you or us to insist upon compliance by the other party with the terms and conditions of this Agreement shall not constitute a waiver of any rights under this Agreement. Headings/Captions. The headings and/or captions used in this Agreement are used for administrative purposes only, and do not constitute substantive matter to be considered in construing the terms of this Agreement. Entire Agreement. This Agreement constitutes the entire understanding between you and us with respect to the subject matter hereof. This Agreement constitutes the full, complete and entire agreement between the parties. If any provision of this Agreement fails to comply with applicable law, then this Agreement shall, without prior notice, be automatically modified to conform to the minimum requirements of any law or governmental regulation having application to or jurisdiction over the subject matter of this Agreement. Any and all rights not expressly granted herein are reserved. |