Terms of Services

These terms of use are a legally binding agreement between you and Delta3 AI, doing business as Delta3 AI (“Delta3 AI,” “we,” “us,” or “our”) regarding your use of and access to the https://delta3.ai website and any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You may use this agreement personally or on behalf of an entity. By using this website, you acknowledge that you have read, comprehended, and accepted to be bound by all of these terms of use. It is specifically forbidden for you to use this website if you do not agree to all of these terms of use. Using the site, and you must discontinue use immediately.

Any additional terms, conditions, or documents that may sometimes be issued on the website are hereby specifically included herein by reference. We retain the right, at any time and for any reason, to alter or amend these Terms of Use in our sole discretion. You agree to waive your right to obtain specific notice of each change by agreeing that we will notify you of such updates by changing the “Last updated” date of these Terms of Use. Every time you use our site, please make sure you read the appropriate conditions to make sure you know which ones apply. You will be bound by, and presumed to have been informed of and granted consent for, the modifications in any updated Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

The material on this website is not meant to be distributed to or used by any individual or organization in any jurisdiction or nation where doing so would violate any laws or regulations or require us to register with the relevant authorities. Therefore, if and to the extent that local laws are relevant, those who choose to use the site from other areas do so of their own free will and are entirely responsible for abiding by local laws.

You may not use this site if your interactions are subject to rules such as the Federal Information Security Management Act (FISMA), the Health Insurance Portability and Accountability Act (HIPAA), or any other industry-specific standards, since this site is not designed to comply with them. This website prohibits using any methods that might violate the Gramm-Leach-Bliley Act (GLBA).

Users on the site must be at least eighteen years old. It is prohibited for anyone under the age of 18 to use this website or register. 

Intellectual Property Rights

 

Unless otherwise noted, the site is our exclusive property. All source code, databases, software, website designs, audio, video, text, photos, and graphics on the site (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”), are either owned or controlled by us or are under license from us. They are also protected by international copyright laws, conventions, and unfair competition laws, in addition to copyright and trademark laws and other intellectual property rights in the United States. This website’s content and trademarks are offered “as is” for your informational and private use only. No portion of the website, including any material or marks, may be duplicated, compiled, reprinted, uploaded, or posted without permission, unless specifically stated in these Terms of Use. Without our explicit prior written consent, this content may not be publicly shown, encoded, translated, communicated, distributed, sold, licensed, or used in any other way for any kind of commercial endeavor.

You are granted limited permission to access and use this website, as well as to download and print copies of any content to which you have legally acquired access, for your own personal, non-commercial use, provided that you are entitled to use this website. All rights not specifically granted to you in and to the marks, the content, and the website are reserved by us.

User Representations

 

By accessing the Site, you represent and warrant that: (1) all registration data you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such data and update it promptly as needed; (3) you are of legal age and agree to abide by these Terms of Use; (4) you are not considered a minor in the jurisdiction in which you reside; (5) you will not access the Site using automated or non-human methods, such as bots, scripts, or other automated systems; (6) you will not use the Site for any unlawful or unauthorized purpose; and (7) your use of the Site won’t violate any applicable laws or regulations.

If you provide any data that is false, erroneous, incorrect, current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the site (or any portion thereof).

User Registration

 

You may be required to register with the site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

Prohibited Activities

 

You may not access or use the site for any purpose other than that for which we make it available. The site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the site, you agree not to:

  • Systematically retrieve data or other content from the site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  • Circumvent, disable, or otherwise interfere with security-related features of the site, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the site and/or the content contained therein.
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the site.
  • Use any information obtained from the site in order to harass, abuse, or harm another person.
  • Make improper use of our support services or submit false reports of abuse or misconduct.
  • Use the site in a manner inconsistent with any applicable laws or regulations.
  • Engage in unauthorized framing of or linking to the site.
  • Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  • Delete the copyright or other proprietary rights notice from any content.
  • Attempt to impersonate another user or person, or use the username of another user.
  • Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  • Interfere with, disrupt, or create an undue burden on the site or the networks or services connected to it.
  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the site to you.
  • Attempt to bypass any measures of the site designed to prevent or restrict access to the site or any portion of the site.
  • Copy or adapt the site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the site.
  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including, without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the site, or use or launch any unauthorized script or other software.
  • Use a buying agent or purchasing agent to make purchases on the site.
  • Make any unauthorized use of the site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or creating user accounts by automated means or under false pretenses.
  • Use the site as part of any effort to compete with us, or otherwise use the site and/or the content for any revenue-generating endeavor or commercial enterprise.
  • Use the site to advertise or offer to sell goods and services.
  • Sell or otherwise transfer your profile.

User Generated Contributions

 

The site does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the site and through third-party websites. As such, any contributions you transmit may be treated in accordance with the site’s privacy policy. When you create or make available any contributions, you thereby represent and warrant that:

  • The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  • You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your contributions in any manner contemplated by the Site and these Terms of Use.
  • You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
  • Your contributions are not false, inaccurate, or misleading.
  • Your contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  • Your contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  • Your contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  • Your contributions are not used to harass or threaten (in the legal sense of those terms) any other person or to promote violence against a specific person or class of people.
  • Your contributions do not violate any applicable law, regulation, or rule.
  • Your contributions do not violate the privacy or publicity rights of any third party.
  • Your contributions do not violate any applicable law concerning child pornography or are otherwise intended to protect the health or well-being of minors.
  • Your contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  • Your contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use or any applicable law or regulation.

Any use of the site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the site.

Contribution License

 

You and the Site agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding the site, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your contributions. You retain full ownership of all of your contributions and any intellectual property rights or other proprietary rights associated with your contributions. We are not liable for any statements or representations in your contributions provided by you in any area of the site. You are solely responsible for your contributions to the site, and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your contributions.

Submissions

 

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the site (“submissions”) provided by you to us is non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such submissions, and you hereby warrant that any such submissions are original with you or that you have the right to submit such submissions. You agree that there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your submissions.

Site Management

 

We reserve the right, but not the obligation, to (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

Privacy Policy

 

We care about data privacy and security. Please review our privacy policy: https://delta3.ai. By using the site, you agree to be bound by our privacy policy, which is incorporated into these Terms of Use. Please be advised that the site is hosted in the United States. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.

Term and Termination

 

These terms of use shall remain in full force and effect while you use the site. Without limiting any other provision of these terms of use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the site (including blocking certain ip addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms of use or of any applicable law or regulation. We may terminate your use or participation on the site or delete your account and any content or information that you posted at any time, without warning, at our sole discretion.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including, without limitation, pursuing civil, criminal, and injunctive redress.

Modifications and Interruptions

 

We reserve the right to change, modify, or remove the contents of the site at any time or for any reason at our sole discretion and without notice. However, we have no obligation to update any information on our site. We also reserve the right to modify or discontinue all or part of the site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the site.

We cannot guarantee that the site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the site during any downtime or discontinuance of the site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the site or to supply any corrections, updates, or releases in connection therewith.

Governing Law 

 

These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of Canada applicable to agreements made and to be entirely performed within Canada , without regard to its differing legal principles.

Dispute Resolution

 

Binding Arbitration

If the parties are unable to resolve a dispute through informal negotiations, the dispute (except those expressly excluded below) will be finally and exclusively resolved by binding arbitration. You understand that without this provision, you would have the right to sue in court and have a jury trial. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website: www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by either party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Canada. Except as otherwise provided herein, the parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If, for any reason, a dispute proceeds in court rather than arbitration, the dispute shall be commenced or prosecuted in the state and federal courts located in Canada County, Canada, and the parties hereby consent to and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Applications of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.

In no event shall any dispute brought by either party related in any way to the site commence more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither party will elect to arbitrate any dispute falling within that portion of this provision found to be illegal or unenforceable, and such dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the parties agree to submit to the personal jurisdiction of that court.

Restrictions

 

The parties agree that any arbitration shall be limited to the dispute between the parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Arbitration

 

The Parties agree that the following disputes are not subject to the above provisions concerning binding arbitration: (a) any dispute seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a party; (b) any dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither party will elect to arbitrate any dispute falling within that portion of this provision found to be illegal or unenforceable, and such dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the parties agree to submit to the personal jurisdiction of that court.

Corrections

 

There may be information on the site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the site at any time, without prior notice.

Disclaimer

 

The site is provided on an as-is and as-available basis. You agree that your use of the site and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the site’s content or the content of any websites linked to the site and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the site, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the site. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

Limitations of Liability

 

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action will at all times be limited to the amount paid, if any, by you to us during the six (6) month period prior to any cause of action arising. Certain US state laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.

Indemnification

 

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding that is subject to this indemnification upon becoming aware of it.

User Data

 

We will maintain certain data that you transmit to the site for the purpose of managing the performance of the site, as well as data relating to your use of the site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Electronic Communications, Transactions, and Signatures

 

Visiting the site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the site, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to the electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature, the delivery or retention of non-electronic records, payments, or the granting of credits by any means other than electronic means.

Miscellaneous

 

These Terms of Use and any policies or operating rules posted by us on the site or with respect to the site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Use or the use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

Contact Us

 

In order to resolve a complaint regarding the site or to receive further information regarding the use of the site, please contact us at:

Contact Phone: +1 (561) 628-6167, +1 (772) 341-5490

Contact email: info@delta3.ai

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