Terms of Use
Valley Direct, Inc. offers the Delanoconnection.com web site (the "Web Site"), to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated on the Web Site. By using the Web Site, you signify your assent to these Terms and Conditions and any subsequent modifications. Delanoconnection.com may revise these Terms and Conditions from time to time by updating this posting, with the new terms taking effect on the date of posting. You should review these Terms and Conditions every time you use this Web Site as they are binding upon you.
Personal and Noncommercial Use
The Delanoconnection.com site is for your personal use. As a condition to your continued
use of the Web Site, you warrant to Delanoconnection.com that you will not use the
Web Site for any purpose that is unlawful or prohibited by these Terms and
Conditions.
Disclaimer of Warranties
Neither Delanoconnection.com nor its employees, agents, third party information
providers, merchants, licensors or the like warrant that the Web Site or its
operation will be accurate, reliable, uninterrupted or error-free. If your use
of Delanoconnection.com results in the need for servicing or replacing property,
material, equipment or data, Delanoconnection.com is not responsible for those
costs. No agent or representative has the authority to create any warranty
regarding the Web Site on behalf of Delanoconnection.com. Delanoconnection.com reserves
the right to change or discontinue at any time any aspect or feature of the Web
Site.
Delanoconnection.com does not assume any liability for the contents of any material provided on the Web Site. Reliance on any information presented on the Web Site, other than that which you provided, is at your own risk. Delanoconnection.com reserves the right to change or discontinue any aspect or feature of the Web Site at any time.
You acknowledge that, in connection with the Web Site, information will be transmitted over local exchange, interexchange and Internet backbone carrier lines and through routers, switches and other devices owned, maintained and serviced by third party local exchange and long distance carriers, utilities, Internet service providers and others, all of which are beyond the control and jurisdiction of Delanoconnection.com. Accordingly, Delanoconnection.com assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the Web Site.
WITHOUT LIMITING THE FOREGOING, EVERYTHING ON DELANOCONNECTION.COM IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. DELANOCONNECTION.COM MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE WEB SITE CONTENT, SOFTWARE TEXT, GRAPHICS, AND LINKS, OR ABOUT RESULTS TO BE OBTAINED FROM USING THE WEB SITE OR DELANOCONNECTION.COM SERVICES.
Limitation of Liability
IN NO EVENT SHALL DELANOCONNECTION.COM OR ANY THIRD PARTIES MENTIONED AT
THE WEB SITE BE LIABLE FOR ANY COSTS, DAMAGES AND EXPENSES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, HEALTH PROBLEMS, INCIDENTAL AND CONSEQUENTIAL
DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS
INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE DELANOCONNECTION.COM
WEB SITE OR THE CONTENT OF THE WEB SITE WHETHER BASED ON WARRANTY, CONTRACT,
TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DELANOCONNECTION.COM IS ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
DELANOCONNECTION.COM SHALL BE LIABLE TO YOU ONLY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $100.00 (ONE HUNDRED DOLLARS). BECAUSE SOME STATES AND COUNTRIES DO NOT ALLOW THE EXCLUSION OF LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.
Indemnification
You agree to defend, indemnify and hold Delanoconnection.com, its officers,
directors, employees and agents, licensors and suppliers harmless from and
against any claims, actions or demands, liabilities and settlements, including,
without limitation, reasonable legal and accounting fees, resulting from, or
alleged to result from, your use of the Delanoconnection.com Web Site in a manner
that violates or is alleged to violate these Terms and Conditions.
Delanoconnection.com shall provide you with prompt notice of any such claim, suit
or proceeding and shall reasonably cooperate with you, at your expense, in your
defense of any such claim, suit or proceeding.
Links/Advertisements
The Delanoconnection.com Web Site may link to other sites operated by third
parties. The inclusion of any link to such sites does not imply endorsement by Delanoconnection.com of the sites, but is for your reference and convenience only.
Delanoconnection.com has not reviewed all of the sites linked to the Web Site and
is not responsible for the content or accuracy of any off-site pages or any
other sites linked to Delanoconnection.com. Nor does Delanoconnection.com recommend or
endorse any specific tests, products or procedures that may be mentioned on or
represented in advertisements on the Web Site. Linking to any other off-site
pages or other sites is at your own risk and subject to the Terms and
Conditions of Use of any hyper-linked site. For example, Delanoconnection.com
provides a link to www.interest.com, which is subject to www.interest.com's
Terms and Conditions of Use, and NOT these Terms and Conditions.
The Delanoconnection.com Web Site also contains advertisements by third parties. Unless otherwise specifically stated on the Web Site, Delanoconnection.com does not endorse or make any representation regarding the liability, quality, or accuracy of any products or services featured in, or linked to any advertisement that appears on the Web Site.
Unless otherwise prohibited under these Terms and Conditions, you are hereby licensed to create hyperlinks to the content on the Delanoconnection.com Web Site, provided that the hyperlink accurately describes the content as it appears on the Web Site. Delanoconnection.com reserves the right to revoke this license generally, or your right to use specific links, at any time. Under no circumstances may you "frame" the Web Site or any of its content or copy portions of the Delanoconnection.com Web Site to a server, except as part of an Internet service provider's incidental caching of pages. Each page within Delanoconnection.com must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within Delanoconnection.com.
Copyrights
Valley Direct Inc. retains full copyright ownership, rights and protection in
all material contained on Delanoconnection.com (including all software, HTML code,
Java applets, Active X controls and other code). Except as otherwise expressly
provided in these Terms and Conditions, you may not copy, distribute, transmit,
display, perform, reproduce, publish, license, rewrite, create derivative works
from, transfer, or sell any material contained on the Web Site without the
prior consent of the copyright owner. You agree not to modify any documents,
graphics, images or other material found on this Web Site.
You may, however make single copies of materials displayed on the Delanoconnection.com Web Site for your own personal and noncommercial use only, provided any copies include the copyright and other notices displayed with the materials on the Web Site. You may not distribute such copies to others, whether or not for a charge or other consideration, without prior written permission from Delanoconnection.com or the copyright owner of the copied material.
None of the material contained on the Delanoconnection.com site may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo-reproduction, recordation or otherwise), resold or redistributed without the prior written consent of Delanoconnection.com. All content of Delanoconnection.com is Copyright © 2008 Valley Direct Inc.
All rights reserved.
Termination
You agree that Delanoconnection.com may terminate your use of the Web Site, if Delanoconnection.com reasonably believes that you have violated or acted
inconsistently with the letter or spirit of these Terms and Conditions of Use,
or violated the rights of Delanoconnection.com or any third party, or for any
reason with or without notice to you. You agree that Delanoconnection.com may
modify or discontinue Delanoconnection.com, with or without notice to you. You
agree that Delanoconnection.com will not be liable to you or any third party as a
result of such modification or discontinuation.
Survival
The provisions entitled "Your Submissions," "Disclaimer of
Warranties," "Limitation of Liability,"
"Indemnification" and "General Provisions" will survive
termination of this agreement.
General Provisions
You expressly agree that exclusive jurisdiction for any dispute with Delanoconnection.com, or in any way relating to your use of Delanoconnection.com
("Legal Action"), resides in the courts of the County of Kern, State
of California. You further agree and expressly consent to the exercise of
personal jurisdiction in the courts of the State of California in connection
with any such dispute. Any Legal Action that is subject to the jurisdiction of
federal courts shall be instituted in a federal court in the Eastern District
of California in Fresno, California. These Terms and Conditions are governed by
the internal substantive laws of the State of California, without regard to
conflict of law principles. If any provision of these Terms and Conditions are
found to be invalid by any court having competent jurisdiction, the invalidity
of such provision shall not affect the validity of the remaining provisions of
these Terms and Conditions, which shall remain in full force and effect. No
waiver of these Terms and Conditions shall be deemed a further or continuing
waiver of such term or condition or any other term or condition. Any cause of
action you may have with respect to Delanoconnection.com must be commenced within
one year after the claim or cause of action arises or such claim or cause of
action is barred.
Contributing Content and Comments to Delanoconnection.com
Delanoconnection.com includes various interactive community areas where people can
post content to the site. These include (but are not limited to) user profiles
and comments on profiles. All users who live in Delano or Kern County ages
13 and over are encouraged to contribute information and pictures to
Delanoconnection.com. If you are under 13 or do not reside in Delano or Kern
County, you are not allowed to contribute content or comments to Delanoconnection.com. We reserve the right to terminate any accounts that do not
fit this description.
You agree to adhere to the following rules when posting content of any type, including text, audio, video and files, in any of these interactive areas on Delanoconnection.com:
- You agree not knowingly submit any false, defamatory, abusive, obscene, threatening, racially offensive, sexually explicit or illegal material to the Web site. In posting comments on the contributions of others, you agree not to harass other participants.
- You agree not to post anything that personally attacks an individual whose identity can be easily learned from what you post. An example of a personal attack is posting negative comments about an individual in a way meant to demean that person. Note that posting your opinion about someone's ideas or actions are not a personal attack.
- You may not submit information that is libelous or defamatory or that discloses private or personal matters concerning any person.
- You may not post information or links that are obscene or pornographic. You may not contribute information or pictures that violate the property rights of others, including unauthorized copyrighted music, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
- You may not use profanity.
- Content contributions solely focused on the promotion of commercial events or businesses are not permitted.
- You assert that the information, pictures, music and other files you contribute are your own, are licensed to be uploaded and downloaded by other participants, are in the public domain, or are otherwise free of copyright or other restrictions. You also grant Delanoconnection.com an irrevocable, nonexclusive, royalty-free license to redistribute or republish the information in any medium or form.
- You agree not to directly or indirectly solicit responses from minors. A minor is defined as anyone under 18 years of age.
- You agree not post any item for sale that matches the following conditions:
- Weapons or firearms of any kind.
- Items that infringe on trademark or intellectual property rights.
- Posting anything for sale.
- Soliciting business.
Delanoconnection.com does not endorse and is not responsible for any statement, opinion or advice given or made in posts.
Use At Your Own Risk
Your use of the Delanoconnection.com service is at your own risk. Delanoconnection.com
does not intend to engage in any prior review of notes posted to community
content areas, but it reserves the right in its sole discretion and for any
reason to delete or redirect any information or other content posted to Delanoconnection.com, regardless of whether the information or other content
violates the rules for content described in above policies. Further, Delanoconnection.com
reserves the right to limit or terminate service to participants who violate
the terms of this Agreement.
In no event will Delanoconnection.com be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of business profits, business interruption, loss of programs or information, and the like) arising out of the Delanoconnection.com community content areas, or any information or services provided on Delanoconnection.com, even if Delanoconnection.com has been advised of the possibility of such damages, or for any claim attributable to errors, omissions, or other inaccuracies published on Delanoconnection.com.
Delanoconnection.com is not responsible for censoring or monitoring community content areas, but it reserves the right to enforce the policies outlined in this document, and reserves the right to move or remove posts at its sole discretion and without explanation. These posting rules may be revised over time. We will post those changes prominently so that you will always know what type of posts we prohibit. We do, however, recommend that you read this notice each time you use Delanoconnection.com, in case you missed our notice of changes, at this URL:
http://www.Delanoconnection.com/terms
Transactions
Delanoconnection.com is not a store or "e-commerce" provider, and it is
the SOLE RESPONSIBILITY of buyers and sellers to complete transactions. This
Web Site acts as a venue to allow anyone to offer, sell, and buy items from one
other. Delanoconnection.com has no control over the quality, safety or legality of
the items advertised, the truth or accuracy of the posts, the ability of
sellers to sell items or the ability of buyers to pay for items.
Delanoconnection.com cannot ensure that a buyer or seller will actually complete a
transaction, and Delanoconnection.com does not transfer legal ownership of items.
Real-world Meetings
Delanoconnection.com offers User Profiles that are designed to allow individuals to
meet each other for any purpose. You are advised that Delanoconnection.com cannot
vouch for the safety of offline meetings of individuals you meet through Delanoconnection.com, and such meetings are held at your sole risk. Furthermore,
you are advised to be careful not to accidentally divulge personally
identifying information about yourself, including but not limited to your full
name, telephone number(s), street addresses, URLs or email addresses. If you do
provide this information to a third party who you met through Delanoconnection.com,
it is at your risk and you agree not to hold Delanoconnection.com liable for
anything that results from such meetings.
Notice
Valley Direct Inc. may deliver notice to you under these Terms and Conditions
by means of electronic mail, a general notice on Delanoconnection.com, or by
written communication delivered by first class U.S. mail to your address on
record in Delanoconnection.com's account information. You may give notice to Motoko
Komatsubara at any time via electronic mail to Delanoconnection.com or by letter
delivered by first class postage prepaid U.S. mail or overnight courier to the
following address:
Valley Direct, Inc.
1522 18th Street, Suite 302
Bakersfield, CA 93301
Phone: 661-395-7693
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