TERMS OF — USE
Welcome to www.deltaglobalnetwork.com (the “Site”). This Site is operated by Delta Energy & Communications, Inc. (“Delta”). Please read these Terms of Use carefully before using this Site. These Terms of Use define the terms and conditions under which we grant access to and you are entitled to use the Site and any services as further specified below. By using the Site, you agree to be bound by these Terms of Use.
You represent to us that you (“User”) are lawfully able to enter into contracts as follows:
(i) you have full legal authority to enter into this Terms of Use (e.g., you are not a minor) and if you are acting on behalf of an entity that You have legal authority to bind such entity to this Terms of Use ; and
(ii) you have read, understand and agree with the terms of the Terms of Use; and
(iii) you (as a company or as an individual) complies with the sanctions’ restrictions herein.
Delta reserves the right to modify these Terms of Use at any time by posting modified Terms of Use, and your continued use of the Site thereafter will constitute agreement with such modifications.
SUSPENSION
Delta may suspend or limit any User’s right to access or use any portion or all of the Site and services provided thereon immediately upon notice to User in the following cases:
(a) User’s use of the Services: (i) poses a security risk to the Site or any third party, (ii) could adversely impact the Site, the services or the systems, (iii) could subject Delta, our affiliates, or any third party to liability, or (iv) could be fraudulent; or
(b) User is in breach of these Terms of Use and any linked documents referred to in the Terms of Use ; or
(c) if Delta is obligated to do so by virtue of law, governmental regulation, court order, subpoena, warrant, governmental regulatory or agency request, or other valid legal authority, legal procedure, or similar process; or
(d) breach of warranties and representations by User.
COPYRIGHT AND TRADEMARK
All materials contained on this Site, including text, images, logos and or other material (collectively “Content”), and all intellectual property rights thereto, including copyrights, trademarks, service marks, trade names and trade dress, are owned by Delta or its affiliates. You agree not to copy, reproduce, republish, transmit, modify or distribute any of the Content contained on the Site, except for your personal, noncommercial use, absent the prior written approval of Delta. You further agree not to use any trademarks, service marks, trade names and trade dress of Delta or any third party on the Site without the prior written consent of Delta or such third party. You agree that the Content will not be modified in any way and that any copy thereof will retain all copyright and other proprietary notices in the same form and manner as on the original. Delta’s rights are valid and protected in all forms, media, and technologies existing now or hereafter developed. Except as specified above, nothing contained in these Terms of Use will be construed as conferring by implication, estoppel, or otherwise, any license or right under any patent, trademark, or copyright of Delta or any third party.
DATA PRIVACY
Delta processes User data when using portions of the Site and other User personal data for the purposes described in its Privacy Policy.
User informs other users, acting on its behalf, of such processing of their personal data by Delta and provides them with all information necessary in order to ensure that Delta complies with its notice obligations under applicable data protection and privacy laws.
LIMITATION OF LIABILITY
The content on this Site is provided “as is.” We do not represent that the Site or its content will be error-free, timely, secure, free of viruses or other harmful elements, or that defects will be corrected, or that the Site will be available on an uninterrupted basis. Neither Delta nor any of its affiliates, partners or employees, makes any representations, express or implied, with respect to the timeliness, accuracy or completeness of any of the contents of this Site, and expressly disclaim any liability or warranties, express or implied, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose or non-infringement. All terms, conditions and warranties express or implied by custom, law or statute in any way relating to access to, or non-access to, the Site or your use of, or reliance upon, the Site or the Content hereof are hereby excluded. We make no representation that the quality of any content or information obtained by you on or through the Site will meet your expectations. Delta disclaims, without limitation, all liability for any loss or damage of any kind, including any direct, indirect, incidental, special or consequential damages, which might be incurred through the use of or access to the Site, or any links to third-party websites, even if being advised of the possibility of such damage. Delta expressly disclaims any liability for any action, or failure to take action, in reliance on any of the contents of the website. Your sole remedy for any dissatisfaction with any of the Contents is to refrain from using the website.
COMPLIANCE WITH APPLICABLE LAWS
User access to this Site is governed by all applicable federal, state and local laws. All information available on the Site is subject to U.S. export control laws and may also be subject to the laws of the country where you reside. The Site is not directed to any person in any jurisdiction where (by reason of that person’s nationality, residence or otherwise) the publication or availability of the Site is prohibited. Persons in respect of whom such prohibitions apply must not access the Site.
COMPLIANCE WITH APPLICABLE LAWS
User access to this Site is governed by all applicable federal, state and local laws. All information available on the Site is subject to U.S. export control laws and may also be subject to the laws of the country where you reside. The Site is not directed to any person in any jurisdiction where (by reason of that person’s nationality, residence or otherwise) the publication or availability of the Site is prohibited. Persons in respect of whom such prohibitions apply must not access the Site.
LINKS TO OTHER SITES
This Site may include links to other Internet sites that are beyond the control of Delta. Delta is not responsible for the content of any such sites, makes no representations regarding any such sites, cannot guarantee their practices regarding data privacy, and does not necessarily endorse or approve of the information, material, products or services contained on or accessible through any such sites. You acknowledge and agree that your linking to other sites, your use of such sites, and your use of any information, material, products and services offered by such sites, are solely at your own risk.
TERMINATION
You agree that Delta may, in its sole discretion and at any time, terminate or limit your access to or use of the Site or Content. You agree that Delta will not be liable to you or any third-party for any such termination or limitation of your access.
NOTICES
Delta may send any notices, messages, and documents to User by: e-mail or by posting such notices, messages, and documents on the Site. Notices Delta provides by posting on the Site will be effective upon posting and notices Delta provides by e-mail will be effective when Delta sends the e-mail. User is responsible to keep his or her e-mail address current. User will be deemed to have received any email sent to the e-mail address then associated with User when Delta sends the e-mail.
User may send messages and notices to Delta by Delta`s e-mail specified on the Site. All legal notices must be sent to such e-mail address by an authorized representative of User.
Parties confirm that the exchange of documents, including letters, notifications, notices, and other communications transferred in any way specified above, will have evidential significance and full legal force.
Choice of Law. This Agreement, and any disputes directly or indirectly arising from or relating to this Agreement, will be governed by and construed in accordance with the laws of the State of California, without regard to principles of conflicts of law.
Exclusive Forum. The Parties hereby consent and agree to the exclusive jurisdiction of the state and federal courts located in California, San Diego County for all suits, actions, or proceedings directly or indirectly arising out of or relating to this Agreement, and waive any and all objections to such courts, including, but not limited to, objections based on improper venue or inconvenient forum, and each Party hereby irrevocably submits to the jurisdiction of such courts in any suits, actions, or proceedings arising out of or relating to this Agreement.