DISCLAIMERS
We work hard to make this website an interesting and enjoyable
place. We cannot guarantee, however, that our users will
always find everything to their liking; nor could we provide
a free service if we were exposed to substantial liability.
Please read these Disclaimers carefully before using this
website.
Use at Your Own Risk. We provide the material
available through this website for informational purposes
only. You may only use the material and the services available
through this website for your personal and non-commercial
use. We try to ensure that information we post to this site
is both timely and accurate, and that the services offered
are reliable. Yet despite our efforts, errors may occur from
time to time. Before you act on any information you've found
on our site, you should confirm any facts that are important
to your decision. IF YOU RELY ON ANY INFORMATION OR SERVICE
AVAILABLE THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK.
YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE
OR LOSS YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY SERVICE
OR ANY MATERIAL AND /OR DATA DOWNLOADED FROM OR OTHERWISE
PROVIDED THROUGH THIS WEBSITE.
Materials Submitted by Other Users. We
cannot and do not review every posting made in our chat rooms,
forums, and other areas available for public postings. You
may well read any given posting before anyone on our staff
does. Take what you find with a grain of salt. You can expect
these areas to include information and opinions from a variety
of individuals and organizations other than us. We do not
endorse or guarantee the accuracy of any posting, regardless
of whether the posting comes from a user, from a celebrity
or "expert" guest, or from a member of our staff.
There is no substitute for healthy skepticism and your own
good judgment.
No Endorsements. We are not responsible
for, and cannot guarantee the performance of, goods and services
provided by our advertisers or others to whose sites we link.
A link to another website does not constitute our endorsement
of that site (nor of any product, service or other material
offered on that site).
No Warranties. This website and all materials,
information and services available through it, are provided
to you "as is," "with all faults," and "as
available." We, our affiliates, agents and licensors
cannot and do not warrant the accuracy, completeness, timeliness,
non-infringement, merchantability or fitness for a particular
purpose of the materials, information and services available
through the website, nor do we guarantee that the materials,
information or services will be error-free, or continuously
available, or free of viruses or other harmful components.
Limitations on Our Liability. Under no
circumstances shall we, or our affiliates, agents or licensors
be liable to you or anyone else for any damages arising out
of use of this website or any service available through this
website, including, without limitation, liability for consequential,
special, incidental, indirect, or similar damages, even if
we are advised beforehand of the possibility of such damages.
(Because some states do not allow the exclusion or limitation
of certain categories of damages, the above limitation may
not apply to you. In such states, our liability and the liability
of our affiliates, agents and licensors is limited to the
fullest extent permitted by such state law.) You agree that
our liability and the liability of our affiliates, agents
and licensors, if any, arising out of any kind of legal claim
in any way connected to the service shall not exceed the
amount you paid for the use of the service.
USE OF COMMUNICATIONS SERVICES
We may provide a variety of services on this website through
which you can directly interact with others, such as email
services, chat rooms, communications tools, forums, classifieds
and other user-submitted advertising, and other public posting
areas ("Communications Services"). We want to encourage
an open exchange of information and ideas, but at the same
time we want everyone to be able to enjoy these Communications
Services. We will not, in the ordinary course of business,
review private electronic messages that are not addressed
to us. However, we maintain the right to do so and to use
any other forms of information available to us by virtue
of your use of our website (including, for example, reverse
IP address inquiry) in order to comply with the law, to enforce
our Visitor Agreement, or to protect the rights, property
or safety of visitors to our website, our customers, the
public or The Deltennium Group and its employees, agents,
partners and affiliates.
We reserve the right to deny access to any Communications
Service to anyone who violates this visitor agreement or
who, in our judgment, interferes with the ability of others
to enjoy our website or infringes the rights of others. We
also reserve the right (but assume no obligation) to delete,
move, or edit any postings that come to our attention that
we consider unacceptable or inappropriate, whether for legal
or other reasons. We will comply with the requirements of
the law regarding disclosure of any messages to others, including
law enforcement agencies.
Specific Prohibited Uses. Without limiting
the foregoing, we may immediately terminate your use of any
Communications Service if you engage in any of the following
prohibited activities:
- Uploading, posting, emailing, transmitting or otherwise
making available any content that is unlawful, harmful,
threatening, abusive, libelous, or obscene;
- Impersonating any person or entity, or falsely stating
or otherwise misrepresenting your affiliation with a
person or entity;
- Forging headers or otherwise manipulating identifiers
in a manner that disguises the origin of any content
you transmit through any Communications Service;
- Uploading, posting, emailing, transmitting or otherwise
making available any content that you do not have a right
to make available under any law or under any contractual
or fiduciary relationship (such as inside information,
proprietary and confidential information learned or disclosed
as part of employment relationships or under nondisclosure
agreements);
- Uploading, posting, emailing, transmitting or otherwise
making available any content that infringes any patent,
trademark, trade secret, copyright or other proprietary
right of any party;
- Uploading, posting, emailing, transmitting or otherwise
making available any unsolicited or unauthorized advertising,
promotional materials, or any other form of solicitation,
without our express written approval;
- Gathering for the purpose of "spamming" any
email addresses that users post in our chat rooms, forums
and other public posting areas;
- Uploading, posting, emailing, transmitting or otherwise
making available any content or material that contains
software viruses, worms or any other computer code, files
or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or telecommunications
or other equipment, or to cause a security breach of
such software, hardware or telecommunications or other
equipment;
- Uploading or posting any off-topic or irrelevant material
to any chat room or forum;
- Interfering with or disrupting any servers or networks
used to provide the Communications Services, or disobeying
any requirements, procedures, policies or regulations
of the networks we use to provide the Communications Services;
- Violating any applicable local, state, national or
international law, including, but not limited to (i) all
applicable laws regarding the transmission of technical
data exported from the United States or the country in
which you reside, (ii) regulations promulgated by the U.S.
Securities and Exchange Commission, and (iii) any rules
of any national or other securities exchange, including,
without limitation, the New York Stock Exchange, the American
Stock Exchange or the NASDAQ;
- "Stalking" or otherwise harassing another;
- Instigating or encouraging others to commit illegal
activities or cause injury or property damage to any person;
- Collecting or storing personal data about other users;
- Gaining unauthorized access to our website, or any
account, computer system, or network connected to this
website, by means such as hacking, password mining or other
illicit means; or
- Obtaining or attempting to obtain any materials or
information through any means not intentionally made available
through this website.
Spam. We will immediately terminate any
account which we believe is being used to transmit, or is
otherwise connected with, any spam or other unsolicited bulk
email. In addition, because damages are often difficult to
quantify, if actual damages cannot be reasonably calculated,
then you agree to pay us liquidated damages of $2 for each
item of spam or unsolicited bulk email transmitted from,
or otherwise connected with, your account. Otherwise you
agree to pay our actual damages, to the extent such actual
damages can be reasonably calculated.
Viruses. Because of the volume of email
messages sent by us and users of this website, we cannot
and do not always monitor such email messages and attachments.
You acknowledge and agree that such email messages may contain
viruses, worms or other harmful components. You also acknowledge
and agree that you are solely responsible for screening the
email messages and attachments for viruses, worms and other
harmful components.
Indemnity. You agree to indemnify and
hold us and our affiliates, agents and licensors, harmless
from any claim that may arise from your use of any free
email service available through this website.
MISCELLANEOUS
Registration. To obtain access to certain
services on our site, you may be given an opportunity to
register with us. You agree that you will register only if
you are 13 years or older. You agree that the information
you supply during that registration process will be accurate
and complete and that you will not register under the name
of, nor attempt to enter the service under the name of, another
person. We reserve the right to reject or terminate any user
name that, in our judgment, we deem offensive. You will be
responsible for preserving the confidentiality of your password
and will notify us at info@deltennium.com of
any known or suspected unauthorized use of your account.
Jurisdiction. This visitor agreement has
been made in and shall be construed in accordance with the
laws of the State of Florida. By using this service, you
consent to the exclusive jurisdiction of the state and federal
courts in Palm Beach County, Florida in all disputes arising
out of or relating to this agreement or this website.
Effective Date: January 30, 2005
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