Terms & Conditions
Welcome to deltamachinery.com. DELTA, its parent, subsidiaries and affiliates, provide the services found on this web site to you subject to the conditions stated below.
If you visit or shop at deltamachinery.com, you accept these conditions. Please read them carefully.
In addition, when you use any current or future deltamachinery.com service or visit or purchase from any business affiliated with or included on the deltamachinery.com website, you also will be subject to the guidelines and conditions applicable to such service or business.
Privacy
Please review our Privacy Policy, which also governs your visit to deltamachinery.com to understand our practices.
Copyright
All content and the collection, compilation, assembly and arrangement of all content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software is the property of DELTA or its content suppliers and is protected by U.S. and international copyright laws.
Trademarks
TIGER SAW®, TIGERCLAWTM, QUIK-CHANGETM, TWINLASER®, MAG-SAWTM, SAWBOSS®, PORTA-BAND®, TEKS®, QUICKSAND®, SPEED-BLOC®, GRIPVACTM, SPEEDMATIC®, OMNIJIG®, PORTA-PLANE®, GRIP-TO-FITTM, UNISAW®, UNIFENCE®, BIESEMEYER®, CONTRACTOR'S SAW®, T-SQUARE®, TWINLASER®, FRONT BEVEL LOCKTM, SANDING CENTER® and other marks indicated on our site from time to time are trademarks of DELTA, its parents, subsidiaries or affiliates in the U.S. and/or other jurisdictions. This list is not exhaustive and the absence of a mark from this list should not be viewed as a waiver by DELTA or the mark’s owner of any rights concerning that mark. Other product or service names, logos, graphics, page headers, button icons, scripts appearing on the site are trademarks or trade dress of DELTA and/or its parents, subsidiaries or affiliates or the third parties and may not be used without the permission of the respective owner in connection with any other product or service in any manner, but especially that which is likely to cause confusion in the marketplace or in any matter that disparages or discredits the product, service or the owner or reputation of the trademark or trade dress... You are not permitted to use any mark displayed on this site for any purpose without the prior written consent of the owner.
License and Site Access
DELTA grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of DELTA. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots or similar data gathering and extraction tools. Neither this site nor any portion of this site may be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without the express written consent of DELTA. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of DELTA without express written consent. You may not use any meta tags or any other “hidden text” utilizing DELTA’s name or trademarks without the express written consent of DELTA. Any unauthorized use terminates the permission or license granted by DELTA. You are granted a limited, revocable and nonexclusive right to create a hyperlink to the home page of deltamachinery.com so long as the link does not portray DELTA, its affiliates or their products or services in a false, misleading, derogatory or otherwise offensive manner. You may use the domain name “deltamachinery.com” as the link, but you may not otherwise use the DELTA ® trademark or any proprietary graphic or trademark as part of the link without DELTA’s express written permission.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password, if any, and for restricting access to your computer. You agree to accept responsibility for all activities that occur through your account and password. Deltamachinery.com does not sell products for purchase by children. If you are under 18, you may use the deltamachinery.com website only with involvement of a parent or guardian. Deltamachinery.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content or cancel orders in their sole discretion.
Feedback, Comments, Communications and Other Content
Visitors may post comments and other content; send e-cards and other communications; and submit suggestions, ideas, product ideas, photographs, comments, questions or other information so long as the content is not illegal, obscene, threatening, defamatory, harassing, invasive of privacy, infringing of intellectual property rights or otherwise injurious or objectionable to third parties, and does not consist of or contain software viruses or malicious code, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. Deltamachinery.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, unless we indicate otherwise, DELTA and its affiliates may use it royalty-free on an unrestricted basis. In such event you grant DELTA and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable right to use, reproduce, commercialize, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media, together with the unlimited right to sub-license all such use. You grant DELTA and its parents, subsidiaries, affiliates and sub-licensees the right to use any product idea and the name that you submit in connection with such content, if they so choose. You represent and warrant that you own or otherwise control all of the rights to the content that you submit, that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify DELTA or its affiliates for all claims resulting from your submissions. No material will be returned to you. DELTA has the right but not the obligation to monitor and edit or remove any submission. DELTA takes no responsibility and assumes no liability for any content posted by you or any third party.
Risk of Loss
All items purchased through deltamachinery .com from DELTA are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier.
Product Descriptions/"How To" Guides
Deltamachinery.com and its affiliates attempt to be as accurate as possible. However, DELTA does not warrant every description, “how to” guide, or other content on this site is accurate, complete, reliable, current or error-free. If a product offered by DELTA on deltamachinery.com is not as described, your sole remedy is to return it in unused condition.
Other Businesses
Parties other than DELTA may operate stores, provide services or sell product lines on this site. In addition, we provide links to the sites of affiliated companies and certain other businesses. Regardless of whether they are an approved affiliate or business partner, DELTA, its parent and subsidiaries are not responsible for examining or evaluating and we do not endorse or warrant the offerings of, any of these businesses, affiliates or individuals or the content of their respective web sites. DELTA does not assume any responsibility or liability for the actions, product, and content of all these, including affiliates and any other third parties. Your dealings with them are strictly between you and them and you should carefully review their privacy statements and other conditions of use.
Disclaimer of Warranties and Limitation of Liability
THIS SITE IS PROVIDED BY DELTA ON AN “AS IS” AND “AS AVAILABLE” BASIS. DELTA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DELTA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. DELTA DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM DELTA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DELTA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY AND CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DELTA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). CERTAIN STATE 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, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Applicable Law
By visiting deltamachinery.com, you agree that the laws of the state of South Carolina, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and DELTA or its affiliates.
Disputes
Any dispute relating in any way to your visit to deltamachinery.com or to products you purchase on deltamachinery.com shall be submitted to confidential arbitration in Anderson County, SC, except that, to the extent you have in any manner violated or threatened to violate DELTA’s intellectual property rights, DELTA may seek injunction or other appropriate relief in any state or federal court with jurisdiction., and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Site Policies, Modification and Severability
Please review our other policies, such as those relating to Shipping, Returns, Contests, Surveys Sweepstakes and Privacy, etc. all of which are posted on this site.These policies also govern your visit to deltamachinery.com. We reserve the right to make changes to our site, policies and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. These Conditions of Use govern your use of this site. You also may be subject to additional terms and conditions contained in our invoices or purchase orders or terms and conditions that may apply when you use affiliate services. The failure of DELTA to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the site must be filed within six (6) months after such claim arose or be forever barred.
The parties acknowledge that they have required that these Conditions of Use be prepared and provided in English. Les parties reconnaissent qu’elles ont exige que la presente convention soit redigee in anglais.
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