These Terms of Use apply to delawarecaptive.org as well as any other affiliated sites or applications on which a link to these Terms of Use appears (collectively, the "DCIA Website") and apply to all visitors. By accessing the DCIA Website, you agree to be legally bound by the Terms of Use then in effect.
These Terms of Use as well as the information and materials contained in the DCIA Website are subject to change at any time and from time to time, without notice.
Please read these Terms of Use carefully as they contain important information about your legal rights and remedies. By accessing the DCIA Website, you agree to comply with and be bound by these Terms of Use.
If you do not agree to be bound by these Terms of Use, do not use the DCIA Website.
Services and Products
Any materials or information, distributed or otherwise made available on the DCIA Website is published for information purposes and is subject to change at any time without notice. No representation or warranty, either express or implied, is provided in relation to the accuracy, completeness or reliability of the materials.
No Warranty
The DCIA Website, together with all content, information and materials contained therein, is provided "as is," without any representations or warranties of any kind. Any materials, information or content accessed, downloaded or otherwise obtained through the use of the DCIA Website is done at your own risk and DCIA is not responsible for any damage to your computer systems or loss of data that results from the download of such material. DCIA expressly disclaims all representations or warranties of any kind, whether express or implied, with respect to the DCIA Website, and all materials, information, and content contained herein, including but not limited to warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, DCIA does not warrant the accuracy, timeliness, completeness, security, reliability, or availability of the DCIA Website or the information or results obtained from use of the DCIA Website, or that the DCIA Website will be available at all times, or is virus-free.
No Liability
To the fullest extent permitted by law, in no event will DCIA or our employees, contractors, service providers or agents have any liability whatsoever to any person for any direct or indirect loss, liability, cost, claim, expense or damage of any kind, whether in contract or in tort, including negligence, or otherwise, arising out of or related to the use of all or part of the DCIA Website, or any links to third-party websites.
In no event will DCIA or our employees, contractors, service providers, or agents be liable for any incidental, special, punitive, or consequential damages caused arising out of the use of the DCIA Website, its content, or the inability to use the DCIA Website.
This disclaimer of liability applies to any and all damages or injury, including those caused by any failure of performance, error, omission, interruption, deletion, defect, delay, computer virus, communication line failure, theft, destruction, or unauthorized access, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.
Links
The DCIA Website may contain third-party content or links to third-party websites. These content and links are provided solely for your convenience and information. DCIA has no control over, does not assume any responsibility for, and does not make any warranties or representations as to, any third-party content or websites, including but not limited to, the accuracy, subject matter, quality, or timeliness.
Intellectual Property Rights
DCIA, or the applicable third-party owner, retains all right, title, and interest (including copyrights, trademarks, patents, as well as any other intellectual property or other right) in all information and content (including all text, data, graphics and logos) on the DCIA Website. Except as permitted by the copyright law applicable to you, you may not reproduce or communicate any of the content on this website, including files downloadable from this website, without the permission of DCIA.
Electronic Communication (E-Mail)
Ordinary e-mail messages sent over the Internet are neither confidential nor secure. They may be easily accessed by third-parties and may entail a considerable amount of danger and risk including: (a) lack of confidentiality (e-mails and their attachments can be read and/or monitored without detection); (b) manipulation or falsification of the sender's address or of the e-mail's (or attachment's) content (e.g., changing the sender's address(es) or details); (c) system outages and other transmission errors, which can cause e-mails and their attachments to be delayed, misrouted and deleted; (d) viruses, worms, Trojan horses, etc. may be spread undetected by third-parties and may cause considerable damage; and (e) interception by third-parties.
In no event should you use ordinary e-mail to transmit personal or confidential information. DCIA will not be liable to you or anybody else for any damages incurred in connection with any messages sent to DCIA using ordinary e-mail or any other electronic messaging system.
Privacy Policy
DCIA has established a Privacy Policy, as modified from time to time, which explains how personal data is collected on the DCIA Website and used. The Privacy Policy is part of these Terms of Use and is incorporated herein by reference.
Exclusive Jurisdiction and Venue
The parties agree that the state and federal courts in the County of Greenville, State of South Carolina shall have sole and exclusive jurisdiction and venue for the resolution of all disputes arising hereunder.
Severability Clause
To the extent that any provision of these Terms of Use is found by any competent court or authority to be invalid, unlawful, or unenforceable in any jurisdiction, that provision will be deemed to be severed from these Terms of Use, but such finding will not affect the validity, lawfulness or enforceability of the remainder of these Terms of Use in that jurisdiction, nor will it affect the validity, lawfulness, or enforceability of these Terms of Use in any other jurisdiction.
Miscellaneous
These Terms of Use and Privacy Policy and any document or terms and conditions referred to herein constitute the entire agreement of the parties with respect to your use of DCIA Website and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
Last updated in July 2018.
