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Terms of Use
PLEASE READ THESE
TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
Access
and use of this site are subject to this site's Privacy Policy and
the terms and conditions set out below (together the "Terms and
Conditions). If you do not agree to these Terms and Conditions,
please do not access or use this site.
We
reserve the right to change these Terms and Conditions from time to
time by updating this posting. Please check these Terms and
Conditions periodically for changes. Your continued use of this site
following the posting of changes to these Terms and Conditions will
mean you accept those changes.
RESTRICTIONS ON USE
OF MATERIALS
This site and its contents are the property of
Delta Education Inc. ("Delta") or its licensors and are
protected, without limitation, pursuant to U.S. and foreign
copyright and trademark laws. Reproduction, duplication or
distribution of this site and/or all or any part of its contents for
anything other than your personal, non-commercial use is a violation
not only of these Terms and Conditions but also of copyright and
trademark laws (unless you have written permission from Delta).
JURISDICTIONAL
ISSUES
This site is controlled and operated by Delta from
its offices in New Hampshire, USA. If you choose to access this site
from another location, you are responsible for compliance with local
laws.
These
Terms and Conditions shall be governed by and construed in
accordance with the laws of New Hampshire, USA, without giving
effect to any principles of conflicts of law. You agree that any
action at law or in equity arising out of or relating to these Terms
and Conditions or this site shall be filed only in the state or
federal courts located in New Hampshire and you hereby consent and
submit to the non-exclusive jurisdiction of such courts. If any
provision of these Terms and Conditions shall be void or
unenforceable, then that provision shall be deemed severable from
these Terms and Conditions and shall not affect the validity and
enforceability of any remaining provisions. This is the entire
agreement between us relating to the subject matter hereof.
LINKS TO THIRD PARTY
SITES
Users may, through hypertext or other computer
"links", gain access to other sites on the Internet which
are not part of this site and which are not controlled by Delta.
Delta is providing these links to you only as a convenience, and the
inclusion of any link does not imply endorsement by Delta of the
site. DELTA ASSUMES NO RESPONSIBILITY FOR ANY MATERIAL OUTSIDE OF
THIS SITE WHICH MAY BE ACCESSED THROUGH ANY SUCH LINK.
Unless
otherwise indicated at this site, this site is not sponsored by or
affiliated with the linked sites and trademarks used in connection
with linked sites are not trademarks of Delta.
USER MATERIALS
Materials entered by users on any part of this
site ("Postings") are the responsibility of the user
entering the Postings. DELTA HAS NO RESPONSIBILITY FOR POSTINGS.
However, Delta retains the right, which it may or may not exercise,
in its sole discretion, to review, edit or delete any Postings which
Delta deems to be illegal, offensive or otherwise inappropriate.
Furthermore, you agree that you are providing Postings to Delta
without restriction and that Delta has the right to use the Postings
(or any portion thereof), including without limitation the right to
reproduce, disclose, transmit, publish, broadcast or post the
Postings without any requirement whatsoever for compensation.
You
hereby represent and warrant that you have all necessary rights in
and to all Postings you provide and that such Postings shall not
infringe any proprietary or other rights of third parties or contain
any libelous, tortious, or otherwise unlawful information. YOU AGREE
TO INDEMNIFY DELTA FROM ANY DAMAGES, LOSSES, COSTS OR EXPENSES WHICH
DELTA, ITS AFFILIATES, THEIR RESPECTIVE EMPLOYEES AND AUTHORIZED
REPRESENTATIVES MAY INCUR AS A RESULT OF POSTINGS.
LIMITATION OF
LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, DELTA IS
PROVIDING THIS SITE "AS IS" AND MAKES NO WARRANTIES OR
REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, IN ANY CONNECTION WITH THIS SITE, ITS CONTENTS
OR ANY WEB SITE OR CONTENTS WITH WHICH IT IS LINKED. DELTA DOES NOT
WARRANT THAT THE FUNCTION OF THIS SITE OR ITS CONTENTS WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT
THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS.
TO
THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES,
INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL DELTA BE LIABLE FOR
ANY LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF OR
DAMAGE TO PROPERTY, OR FOR ANY DAMAGES OF ANY KIND OR CHARACTER
(INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL, DIRECT,
INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES) EVEN IF DELTA
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES,
ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE, ITS
CONTENTS OR ANY WEB SITE OR CONTENTS WITH WHICH IT IS LINKED. IN NO
EVENT SHALL DELTA'S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND
CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT
LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU
FOR ACCESSING THIS SITE.
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