Limitation of Liability and Disclaimer of Warranty
User expressly agrees that use of the Delta Industrial Corp Web Site is at the user's sole risk. Neither Delta Industrial Corp, its employees, affiliates, contractors, agents, third-party information providers, merchants, licensors or the like, warrant that the Delta Industrial Corp Web Site service will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Delta Industrial Corp Web Site, or as to the accuracy, reliability or content of any information, service, or merchandise provided through the Delta Industrial Corp Web Site. There are no guarantees that the use of the Delta Industrial Corp Web Site will result in any benefits to the user. Neither Delta Industrial Corp, nor any of its independent network service providers make any representations or warranties, either expressed or implied, that access to the site will be available at any given time or any given period of time. The Delta Industrial Corp Web Site service is provided on an "AS IS," "AS AVAILABLE" basis without warranties of any kind, either expressed or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, or assumes any legal liability or responsibility for the accuracy, completeness, or usefulness of any information disclosed, or represents that its use would not infringe privately owned rights. No oral advice or written information given by Delta Industrial Corp, its employees, agents, third-party information providers, merchants, licensors or the like, shall create a warranty; nor shall users rely on any such information or advice.
Under no circumstances, including negligence, shall Delta Industrial Corp, or anyone else involved in creating, producing or distributing the Delta Industrial Corp Web Site be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Delta Industrial Corp Web Site including, but not limited to, reliance by a user on any information obtained on the Delta Industrial Corp Web Site; or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of god, communications failure, theft, destruction or unauthorized access to the Delta Industrial Corp Web Site's records, programs or services. The user hereby acknowledges that this paragraph shall apply to all content, merchandise or services, including technical support, available through or on behalf of, the Delta Industrial Corp Web Site.
Delta Industrial Corp, its employees, affiliates, contractors, agents, third-party information providers, merchants, licensors or the like, will not be liable for any special, incidental, consequential, indirect or similar damages due to the loss of data or any other reason, even if Delta Industrial, has been advised of the possibility of such damages.
Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages. In such states, Delta Industrial Corp's liability, and that of its employees, affiliates, contractors, agents, third-party information providers, merchants, licensors or the like, is limited to the greatest extent permitted by law. Reference herein to any specific commercial products, process, or service by trade name, trademark, manufacturer, or otherwise, does not necessarily constitute or imply its endorsement, recommendation, or favoring by Delta Industrial Corp. Any opinions, findings, and conclusions or recommendations expressed in documents available through the Delta Industrial Corp Web Site are those of the author(s) and do not necessarily reflect the views of the Delta Industrial Corp.
All documents available on the Delta Industrial Corp Web Site may be protected under the U.S. and Foreign Copyright Laws. Permission to reproduce may be required. Delta Industrial Corp reserves the right to remove material from this server for any reason whatsoever at its discretion.
The Delta Industrial Corp Web Site Technical Support Staff diagnoses failures with the assistance of the user, and determines, based on information supplied by the user, the probable causes of and solutions to the user's technical difficulties. The Delta Industrial Corp Web Site is intended for users with the internal expertise necessary to manage an Internet connection without advanced, end-to-end support from Delta Industrial Corp and does not provide users with on-call services for problems related to customer premises equipment and applications.
The user may submit a problem via the Delta Industrial Corp Web Site Online Technical Support and the support staff will respond with the possible solution to the user's problem. In addition, the user agrees by submitting a problem via one of our forms that any informational help the user receives from the support staff free Online Technical Support is at the user's own risk as far as how the user applies the solution. Delta Industrial Corp does not guarantee that the solutions to the problem that has been submitted will work.
Software and Configuration Support, software updates and configuration changes as required by the user are the responsibility of the user. Delta Industrial Corp, reserves the right to update or change required software at any time as new releases become available from the manufacturer.
Use of any enhancements or software updates delivered via this service will be governed by the License Agreement acCorping the software product from that product's manufacturer will be subject to the warranty and limitation of liability contained in such License Agreement.
Some of the links made available to you through the A Delta Industrial Corp Web Site page will allow you to leave the Limitation of Liability and Disclaimer of Warranty Corp Web site. Please be aware that the Internet sites available through these links, and the material that you may find there, are not under the control of Delta Industrial Corp.
Therefore, Delta Industrial Corp cannot and does not make any representation to you about these sites or the materials available there, and the fact that Delta Industrial Corp has made these links available to you is not an endorsement or recommendation to you by the Delta Industrial Corp of any of these sites or any material or software found there. Delta Industrial Corp is providing these links only as a convenience to you.
Users are required to maintain their equipment's compatibility with the Delta Industrial Corp Web Site.
User's account and right to use The Delta Industrial Corp Web Site services and system are not transferable. The user agrees to protect its password and account and to keep them secure from unauthorized users and use.
Notwithstanding the foregoing, in no event shall the total liability of the Delta Industrial Corp, or its employees, affiliates, contractors, agents, third-party information providers, merchants or licensors, for all damages, losses and causes of action whether in contract, tort, including negligence, or otherwise, either jointly or severally, exceed the aggregate dollar amount paid by the user to Delta Industrial Corp for access to the Delta Industrial Corp Web Site prior to the claimed injury or damage. The foregoing provisions of this section are for the benefit of the Delta Industrial Corp, its employees, directors, affiliates, contractors, agents, information providers, merchants and licensors, and each shall have the right to assert and enforce the provisions directly on their own behalf.
Delta Industrial Corp may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms and Conditions to which you are bound. I have read and understand the information above, and wish to become a user of the Delta Industrial Corp Web Site.