Acceptance of Terms
Access to the Site
Use of Site Information
If you are required to open an account on this Site, you must complete the registration process by providing current, complete and accurate information as prompted by the application registration form. In most cases, you will be required to choose a password and user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Delphi Group immediately of any unauthorized use of your account or any other breach of security. Delphi Group will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Delphi Group or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without permission of the account holder.
The Site may contain chat areas, news groups, forums, communities and/or other message or communication facilities designed to enable you to communicate with others (each a “Forum” and collectively “Forums”). You agree to use the Forums only to post, send and receive messages and material that are proper and, when applicable, related to the particular Forum. By way of example, and not as a limitation, you agree that when using the Forums, you will not: use the Forums in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise); defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information; upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same; use any material or information, including images or photographs, which are made available through the Site in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party; upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another; advertise or offer to sell or buy any goods or services for any business purpose; download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner; falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Forums; violate any code of conduct or other guidelines which may be applicable for any particular Forum; harvest or otherwise collect information about others, .Including e-mail addresses; violate any applicable laws or regulations; create a false identity for the purpose of misleading others; or use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Forums or other user or usage information or any portion thereof. Delphi Group has no obligation to monitor the Forums. However, Delphi Group reserves the right to review Materials posted to the Forums and to remove any Materials in its sole discretion. Delphi Group reserves the right to terminate your access to any or all of the Forums or the Site at any time, without notice, for any reason whatsoever. Delphi Group is not responsible for any failure to remove or delay in removing harmful, inaccurate, defamatory, unlawful, or otherwise objectionable content originating with or otherwise provided by third parties. Delphi Group reserves the right at all times to disclose any information as Delphi Group deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any Materials, in whole or in part, in Delphi Group’s sole discretion. The Forums are intended for discussion of business and technical issues relating to Delphi Group’s products and services. They are not provided for customer service inquiries, questions regarding unreleased products, or for the solicitation of business. Always use caution when giving out any personally identifiable information. Delphi Group does not control or endorse the content, messages or information found in any Forums and, therefore, Delphi Group specifically disclaims any liability with regard to the Forums and any actions resulting from your participation in any Forums. Managers and hosts may not be authorized Delphi Group spokespersons, and their views do not necessarily reflect those of Delphi Group. Any Materials uploaded to the Forums may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the Materials.
Content Provided to Delphi Group or Posted at any Delphi Group Website
No Additional Rights
You acknowledge and agree that you use the Site, Software and Services at your own risk. Support regarding the Software and Services is only provided subject to the terms of a separate agreement between you and Delphi Group.
Disclaimer of Warranties
EXCEPT AS EXPRESSLY PROVIDED IN AN END USER LICENSE AGREEMENT ACCOMPANYING SOFTWARE DOWNLOADED FROM THIS SITE OR OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND Delphi Group, ALL MATERIALS ON THIS SITE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY OTHER REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE. YOU ASSUME THE ENTIRE RISK AS TO THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY INFORMATION, CONTENT OR MATERIALS THROUGH THE SITE, AND YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. WITHOUT LIMITING THE FOREGOING, Delphi Group MAKES NO WARRANTY THAT (I) THE SITE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (III) THE RESULTS THAT YOU MAY OBTAIN FROM USING THE SITE WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE WILL MEET YOUR EXPECTATIONS; (V) ANY ERRORS IN SOFTWARE OBTAINED FROM THE SITE WILL BE CORRECTED; AND, (VI) THIS SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitations on Liability
Delphi Group may make changes to the Materials, including without limitation, the prices and descriptions of any listed products at any time, without notice. The Materials on this Site may be out of date and Delphi Group makes no commitment to update such Materials. The Site could include technical or other mistakes, inaccuracies or typographical errors. Delphi Group assumes no responsibility for errors or omissions in the Materials and/or other services, which are included on, referenced by or linked to this Site. References to other incs’ sites, services and products are provided “as is” without warranty of any kind, either express or implied. IN NO EVENT SHALL Delphi Group, ITS SUPPLIERS OR LICENSORS HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF Delphi Group HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THEY ARE FORESEEABLE. Delphi Group IS NOT RESPONSIBLE FOR CLAIMS BY A THIRD PARTY. IN NO EVENT SHALL Delphi Group’s (OR ITS SUPPLIERS’ OR LICENSORS’) MAXIMUM AGGREGATE LIABILITY TO YOU FOR DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED $1 U.S. DOLLAR. THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM OR A FUNDAMENTAL BREACH. SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Links to Third Party Sites
This Site contains links to other sites on the Internet that are not within Delphi Group’s control and are owned and operated by Delphi Group’s partners, customers and other third parties (the “External Sites”). Delphi Group will not review and makes no representations whatsoever about any External Sites to which you may have access through the Site. When you leave this Site and access an External Site, you do so entirely at your own risk and Delphi Group is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on the External Sites or for the quality of any products or services available on the External Sites. Delphi Group provides links to External Sites merely as a convenience. You acknowledge and agree that the inclusion of such External Links does not imply that Delphi Group endorses or accepts any responsibility or liability for any content, advertising, products or other material that may appear on or may be available on, from or through any External Sites. You further acknowledge and agree that Delphi Group shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the purchase or use of or reliance on any such content, advertising, products, or other materials.
The Site can be accessed from countries around the world and may contain references to products, services and programs that are not available in your country. These references do not imply that Delphi Group intends to announce such products, services or programs in your country. Delphi Group makes no representation that Materials on this Site are appropriate or available for use in locations outside of Canada and the United States and access to the Materials from territories where they are prohibited is illegal. If you choose to access this Site from outside Canada or the United States, you do so on your own initiative and are responsible for compliance with local laws.
Choice of Language
Choice of Law and Jurisdiction
This Site (excluding links to External Sites) is controlled by Delphi Group from its offices in Ottawa, Ontario, Canada, notwithstanding the physical location of the servers on which the content resides. By accessing this Site, you and Delphi Group agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the Province of Ontario and the federal laws of Canada applicable therein. You and Delphi Group expressly disclaim all applicable choice of law or conflict of law rules and expressly exclude the United Nations Convention on Contracts for the International Sale of Goods. You and Delphi Group also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts in Ottawa, Ontario with respect to such matters.
The following are trademarks or registered trademarks of Delphi Group logo and the combination logo and Delphi Group word mark. Other product and Delphi Group names displayed on the Site may be trademarks or registered trademarks of their respective owners. Unless specifically noted to the contrary, the example companies, products, domain names, e-mail addresses, logos, people and events depicted on this Site are fictitious and no association with any real Delphi Group, organization, product, domain name, e-mail address, logo, person or event is intended or should be inferred.
Copyright 2009 Delphi Group All rights reserved.