DeltaZone Terms of service

Last Updated: March 9, 2022
Welcome, and thank you for your interest in DeltaZone, Inc. (“DeltaZone,” “we,” or “us”) and our website at deltazone.ai, along with our related websites, mobile or other downloadable applications, and other services provided by us (collectively, the “Service”). These Terms of Service are a legally binding contract between you and DeltaZone regarding your use of the Service.
PLEASE READ THE FOLLOWING TERMS CAREFULLY
BY CLICKING “BUY”, “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU (A) AGREE TO THIS AGREEMENT ON BEHALF OF THE ORGANIZATION, COMPANY, EMPLOYER, OR OTHER LEGAL ENTITY FOR WHICH YOU ACT (“YOU”), (B) REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ORGANIZATION, COMPANY, EMPLOYER, OR OTHER LEGAL ENTITY TO THESE TERMS, AND (C) AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING DELTAZONE’S PRIVACY POLICY OR OTHER POLICIES LISTED BELOW (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, DO NOT HAVE AUTHORITY, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND DELTAZONE’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY DELTAZONE AND BY YOU TO BE BOUND BY THESE TERMS.
ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 17, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND DELTAZONE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.

1. DeltaZone Service Overview. DeltaZone provides an end-to-end platform with management tools for your digitization needs. DeltaZone can provide the Service for data, records and documents as well as associated assessment, design and execution of your digital transformation journey.
2. Eligibility. You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations.
3. Accounts and Registration. To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, employer, position, address, e-mail address, phone number, or other contact information. You agree that the information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. You may permit your personnel to access the Service (“Authorized Users”). You shall be responsible for all activities that occur under your Authorized Users’ usernames, passwords or accounts. DeltaZone is not responsible for any harm caused by your Authorized Users, including individuals who were not authorized to have access to the Services. If you believe that your account is no longer secure, then you should immediately notify us at .
4. General Payment Terms. Certain features of the Service may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars and are non-refundable unless otherwise specifically provided for in these Terms.
   4.1 Price. DeltaZone reserves the right to determine pricing for the Service. Pricing information is available at https://deltazone.ai/pricing (the “Pricing Page”). DeltaZone may change the fees for any feature of the Service, including additional fees or charges, if DeltaZone gives you advance notice of changes before they apply. In addition, if you exceed any of the usage limits, metrics, or parameters of your chosen subscription level we may charge you for such overage at the then-current standard rate, or move you to the next tier at our discretion. We may provide you with the ability to move from one subscription tier to another in which the appliable pricing will apply for the stated duration. DeltaZone, at its sole discretion, may make promotional offers with different features and different pricing to any of DeltaZone’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.
   4.2 Authorization. You authorize DeltaZone to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by DeltaZone, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, then DeltaZone may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
   4.3 Subscription Service. The Service may include certain subscription-based plans with automatically recurring payments for periodic charges (“Subscription Service”). The “Subscription Billing Date” is the date when you purchase your first subscription to the Service. The Subscription Service will begin on the Subscription Billing Date and continue for the subscription period that you select on your account (such period, the “Initial Subscription Period”), and will automatically renew for successive periods of the same duration as the Initial Subscription Period (the Initial Subscription Period and each such renewal period, each a “Subscription Period”) unless you cancel the Subscription Service or we terminate it. If you activate a Subscription Service, then you authorize DeltaZone or its third-party payment processors to periodically charge, on a going-forward basis and until cancellation of the Subscription Service, all accrued sums on or before the payment due date. For information on the “Subscription Fee”, please see the Pricing Page. If Subscription Fees change, they will apply for the next Subscription Period. Your account will be charged automatically on the Subscription Billing Date and thereafter on the renewal date of your Subscription Service for all applicable fees and taxes for the next Subscription Period. You must cancel your Subscription Service at least one day before it renews in order to avoid billing of the next periodic Subscription Fee to your account. DeltaZone or its third-party payment processor will bill the periodic Subscription Fee to the payment method associated with your account or that you otherwise provide to us. You may cancel the Subscription Service by unsubscribing through your account page. YOUR CANCELLATION MUST BE RECEIVED AT LEAST ONE DAY BEFORE THE RENEWAL DATE IN ORDER TO AVOID CHARGE FOR THE NEXT SUBSCRIPTION PERIOD.
   4.4 Delinquent Accounts. DeltaZone may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees. If your payment method is no longer valid at the time a renewal Subscription Fee is due, then DeltaZone reserves the right to delete your account and any information or Submitted Files (defined below) associated with your account without any liability to you.
5. Licenses
   5.1 Limited License. Subject to your complete and ongoing compliance with these Terms, DeltaZone grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service.
   5.2 License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, publicly perform, or create derivative works of the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, then you may not use it.
   5.3 Feedback. We respect and appreciate the thoughts and comments from our users If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant DeltaZone an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services. We will have no obligation to provide you with attribution for any Feedback you provide to us.
6. Ownership; Proprietary Rights. The Service is owned and operated by DeltaZone. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service provided by DeltaZone (“Materials”) are protected by intellectual property and other laws. All Materials included in the Service are the property of DeltaZone or its third-party licensors. Except as expressly authorized by DeltaZone, you may not make use of the Materials. There are no implied licenses in these Terms and DeltaZone reserves all rights to the Materials not granted expressly in these Terms.
7. Third-Party Software. The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.
8. Submitted Files
   8.1 Submitted Files Generally. The file content submitted by you to the Service (“Submitted Files”) remains yours. DeltaZone may remove or restrict access to Submitted Files, including if DeltaZone believes such data may violate applicable law or if a third party brings or threatens legal action against DeltaZone. DeltaZone may use your Submitted Files only to provide the Service to you.
   8.2 Submitted Files Representations and Warranties. DeltaZone disclaims any and all liability in connection with Submitted Files. You are solely responsible for your Submitted Files and the consequences of providing Submitted Files via the Service. By providing Submitted Files via the Service, you affirm, represent, and warrant to us that:
   (a) you are the creator and owner of the Submitted Files, or have the necessary licenses, rights, consents, and permissions to authorize DeltaZone to provide the Service; and
   (b) your Submitted Files do not and will not: (i) infringe, violate, misappropriate, or otherwise breach any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property, contract, or proprietary right; or (ii) cause DeltaZone to violate any law or regulation.
   8.3 Analysis and Insights. DeltaZone shall be permitted to use and exploit in full the analyses, insights, learnings, and Service improvements (including improvements to algorithms from machine learning) obtained or resulting from the Service; provided, however, any public disclosure of such analyses, insights and learnings shall be done in such a way that you and your Submitted Files are not identifiable. Submitted Files do not include any data or other information generated by DeltaZone through any automated data analysis, processing or other operations of the Service, or aggregated and/or deidentified information related to any usage of the Services.
9. Communications
   9.1 Text Messaging & Phone Calls. You agree that DeltaZone and those acting on our behalf may call and send you text (SMS) messages at the phone number you provide us. These calls and messages may include operational calls or messages about your use of the Service, as well as marketing calls or messages. Calls and text messages may be made or sent using an automatic telephone dialing system. Standard data and message rates may apply whenever you send or receive such calls or messages, as specified by your carrier. IF YOU WISH TO OPT OUT OF MARKETING CALLS AND TEXT MESSAGES FROM DELTAZONE, YOU CAN EMAIL OR TEXT THE WORD “STOP” TO THE NUMBER FROM WHICH YOU ARE RECEIVING THE MESSAGES. IF YOU WISH TO OPT OUT OF ALL CALLS AND TEXT MESSAGES FROM DELTAZONE, YOU CAN EMAIL OR TEXT THE WORD “STOPALL” TO THE NUMBER FROM WHICH YOU ARE RECEIVING THE MESSAGES, HOWEVER YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL MESSAGES MAY IMPACT YOUR USE OF THE SERVICE. You may continue to receive calls and text messages for a short period while we process your request, including a message confirming the receipt of your opt-out request. Your agreement to receive marketing calls and texts is not a condition of any purchase on or use of the Service.
   9.2 Email. We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.
10. Prohibited Conduct. BY USING THE SERVICE, YOU AGREE NOT TO:
    10.1 use the Service for any illegal purpose or in violation of any local, state, national, or international law;
    10.2 violate, encourage others to violate, or provide instructions on how to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
    10.3 access, search, or otherwise use any portion of the Service through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, and data mining tools) other than the software or search agents provided by DeltaZone;
    10.4 interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use, printing or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
    10.5 interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
    10.6 perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or identity, accessing any other Service account without permission;
    10.7 sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 6) or any right or ability to view, access, or use any Materials; or
    10.8 attempt to do any of the acts described in this Section 10 or assist or permit any person in engaging in any of the acts described in this Section 10.
11. Intellectual Property Rights Protection
    11.1 Respect of Third Party Rights. DeltaZone respects the intellectual property rights of others, takes the protection of intellectual property rights very seriously, and asks users of the Service to do the same. Infringing activity will not be tolerated on or through the Service.
    11.2 DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512, as amended). If you have an intellectual property rights-related complaint about any material on the Service, you may contact our Designated Agent at the following address:
    DeltaZone, Inc.
    Attn: Legal Department (IP Notification)
    228 Hamilton Ave, 3rd Floor
    Palo Alto, CA 94301
    Email:
    11.3 Procedure for Reporting Claimed Infringement. If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a written “Notification of Claimed Infringement” to the Designated Agent identified above containing the following information:
    (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
    (b) a description of the copyrighted work or other intellectual property right that you claim has been infringed;
    (c) a description of the material that you claim is infringing and where it is located on the Service;
    (d) your address, telephone number, and email address;
    (e) a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright or other intellectual property right owner, its agent, or the law; and
    (f) a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or other intellectual property right owner or authorized to act on the copyright or intellectual property owner’s behalf.
    Your Notification of Claimed Infringement may be shared by DeltaZone with the user alleged to have infringed a right you own or control as well as with the operators of publicly available databases that track notifications of claimed infringement, and you consent to DeltaZone making such disclosures. You should consult with your own lawyer or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.
    11.4 Repeat Infringers. DeltaZone’s policy is to: (a) remove or disable access to material that DeltaZone believes in good faith, upon notice from an intellectual property rights owner or authorized agent, is infringing the intellectual property rights of a third party by being made available through the Service; and (b) in appropriate circumstances, to terminate the accounts of and block access to the Service by any user who repeatedly or egregiously infringes other people’s copyright or other intellectual property rights. DeltaZone will terminate the accounts of users that are determined by DeltaZone to be repeat infringers. DeltaZone reserves the right, however, to suspend or terminate accounts of users in our sole discretion.
    11.5 Counter Notification. If you receive a notification from DeltaZone that material made available by you on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide DeltaZone with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to DeltaZone’s Designated Agent through one of the methods identified in Section 11.2, and include substantially the following information:
    (a) your physical or electronic signature;
    (b) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
    (c) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
    (d) your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if you are residing outside of the United States, then for any judicial district in which DeltaZone may be found, and that you will accept service of process from the person who provided notification under Section 11.2 above or an agent of that person.
    A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act.
    11.6 Reposting of Content Subject to a Counter Notification. If you submit a Counter Notification to DeltaZone in response to a Notification of Claimed Infringement, then DeltaZone will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that DeltaZone will replace the removed Submitted Files or cease disabling access to it in 10 business days, and DeltaZone will replace the removed Submitted Files and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless DeltaZone’s Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on DeltaZone’s system or network.
    11.7 False Notifications of Claimed Infringement or Counter Notifications. The Copyright Act provides at 17 U.S.C. § 512(f) that: “[a]ny person who knowingly materially misrepresents under Section 512 of the Copyright Act (17 U.S.C. § 512) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [DeltaZone] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.” DeltaZone reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.
12. Modification of Terms. We may, from time to time, change these Terms. Please check these Terms periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated. We may require that you accept modified Terms in order to continue to use the Service. If you do not agree to the modified Terms, then you should remove your Submitted Files and discontinue your use of the Service. Except as expressly permitted in this Section 12, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms.
13. Term, Termination, and Modification of the Service
    13.1 Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 13.2.
    13.2 Termination. If you or DeltaZone breach these Terms, the other party may terminate these Terms by giving 15 days prior written notice, provided that the matters set forth in such notice are not cured to the other party’s reasonable satisfaction within the 15-day period. Without limiting the foregoing, DeltaZone may immediately suspend your access to the Service if (i) there is any failure by you to timely pay to DeltaZone any amounts owing under these Terms or (ii) if DeltaZone reasonably believes that you are in breach of these Terms or are using the Service in a way that would cause a risk to us or other users. DeltaZone will work with you to address the issues that result in suspension of your use of the Service due to the foregoing sentence.
    13.3 Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay DeltaZone any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 5.3, 6, 8.3, 13.3, 14, 15, 16, 17, 18, and 19 will survive. You are solely responsible for retaining copies of any Submitted Files you upload to the Service since upon termination of your account, you may lose access rights to any Submitted Files you uploaded to the Service. If your account has been terminated for a breach of these Terms, then you are prohibited from creating a new account on the Service using a different name, email address or other forms of account verification.
    13.4 Modification of the Service. DeltaZone reserves the right to modify or discontinue all or any portion of the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. DeltaZone will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service. If DeltaZone discontinues the Service during your Subscription Period, DeltaZone will provide you with a pro-rata refund for the remainder of your Subscription Period. You should retain copies of any Submitted Files you upload to the Service so that you have permanent copies in the event the Service is modified in such a way that you lose access to Submitted Files you uploaded to the Service.
14. Indemnity.
    14.1 By you. To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify DeltaZone, its affiliates and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the “DeltaZone Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with: (1) your or your Authorized Users’ unauthorized use of, or misuse of, the Service; (2) your or your Authorized Users’ violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (3) your or your Authorized Users’ violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (4) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
    14.2 By DeltaZone.
    (a) Infringement Defense. DeltaZone will defend you from any actual or threatened third party claim that the Service infringes or misappropriates any intellectual property right of any third party during the term of these Terms if: you give DeltaZone prompt written notice of the claim; DeltaZone has full and complete control over the defense and settlement of the claim; you provide assistance in connection with the defense and settlement of the claim as DeltaZone may reasonably request; and you comply with any settlement or court order made in connection with the claim (e.g., relating to the future use of any infringing materials).
    (b) Infringement Indemnification. DeltaZone will indemnify you against: all damages, costs, and attorneys’ fees finally awarded against you in any proceeding under Section 14.2(a); all out-of-pocket costs (including reasonable attorneys’ fees) reasonably incurred by you in connection with the defense of such proceeding (other than attorneys’ fees and costs incurred without DeltaZone’s consent after DeltaZone has accepted defense of such claim); and if any proceeding arising under Section 14.2(a) is settled, all amounts paid to any third party as agreed to by DeltaZone in settlement of any such claims.
    (c) Mitigation of Infringement Action. If your use of the Service is, or in DeltaZone’s reasonable opinion is likely to become, enjoined or materially diminished as a result of a proceeding arising under Section 14.2(a), then DeltaZone will either:  procure the continuing right for you to use the Service; replace or modify the Service in a functionally equivalent manner so that it no longer infringes; or if, despite its commercially reasonable efforts, DeltaZone is unable to do either (a) or (b), DeltaZone will terminate the licenses with respect to the Service subject to the infringement claim and refund to you all unused Subscription Fees pre-paid by you.
    (d) Exclusions. DeltaZone will have no obligation under this Section 14.2 for any infringement to the extent that it arises out of or is based upon: the combination, operation, or use of the Service with a third party product or service if such infringement would have been avoided but for such combination, operation, or use; use of the Service outside of the scope of the license granted to you;  your failure to use the latest release of the Service or to comply with instructions provided by DeltaZone, if the alleged infringement would not have occurred but for such failure; any modification of the Service not made by DeltaZone where such infringement would not have occurred absent such modification; or  unauthorized use of the Service. You will reimburse DeltaZone for any costs or damages that result from these actions.
    (e) Exclusive Remedy. This Section 14.2 states DeltaZone’s sole and exclusive liability, and your sole and exclusive remedy, for the actual or alleged infringement of any third party intellectual property right by the Service.
15. Disclaimers; No Warranties by DeltaZone
    15.1 THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. DELTAZONE DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (b) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. DELTAZONE DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DELTAZONE DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
    15.2 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR DELTAZONE ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE DELTAZONE ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING SUBMITTED FILES.
    15.3 THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION 15 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. DeltaZone does not disclaim any warranty or other right that DeltaZone is prohibited from disclaiming under applicable law.
16. Limitation of Liability
    16.1 TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE DELTAZONE ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY DELTAZONE ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
    16.2 EXCEPT AS PROVIDED IN SECTIONS 17.5 AND 17.6 AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE DELTAZONE ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (a) THE AMOUNT YOU HAVE PAID TO DELTAZONE FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM AND (b) US$100.
    16.3 EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 16 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
17. Dispute Resolution and Arbitration
    17.1 Generally. Except as described in Section 17.2 and 17.3, you and DeltaZone agree that every dispute arising in connection with these Terms, the Service, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.
    YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND DELTAZONE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
    17.2 Exceptions. Although we are agreeing to arbitrate most disputes between us, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
    17.3 Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 17 within 30 days after the date that you agree to these Terms by sending a letter to DeltaZone, Inc., Attention: Legal Department – Arbitration Opt-Out, DeltaZone, Inc. 228 Hamilton Ave, 3rd Floor, Palo Alto, CA 94301, that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once DeltaZone receives your Opt-Out Notice, this Section 17 will be void and any action arising out of these Terms will be resolved as set forth in Section 18.2. The remaining provisions of these Terms will not be affected by your Opt-Out Notice.
    17.4 Arbitrator. This arbitration agreement, and any arbitration between us, is subject the Federal Arbitration Act and will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at +1-800-778-7879, or by contacting DeltaZone.
    17.5 Commencing Arbitration. Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). DeltaZone’s address for Notice is: DeltaZone, Inc., DeltaZone, Inc. 228 Hamilton Ave, 3rd Floor, Palo Alto, CA, 94301. The Notice of Arbitration must: (a) identify the name or account number of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or DeltaZone may commence an arbitration proceeding. If you commence arbitration in accordance with these Terms, DeltaZone will reimburse you for your payment of the filing fee, unless your claim is for more than US$10,000 or if the DeltaZone has received 25 or more similar demands for arbitration, in which case the payment of any fees will be decided by the AAA Rules. If the arbitrator finds that either the substance of the claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules and the other party may seek reimbursement for any fees paid to AAA.
    17.6 Arbitration Proceedings. Any arbitration hearing will take place in the county and state of your billing address unless we agree otherwise or, if the claim is for US$10,000 or less (and does not seek injunctive relief), you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephonic or video hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. During the arbitration, the amount of any settlement offer made by you or DeltaZone must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.
    17.7 Arbitration Relief. Except as provided in Section 17.8, the arbitrator can award any relief that would be available if the claims had been brough in a court of competent jurisdiction. If the arbitrator awards you an amount higher than the last written settlement amount offered by DeltaZone before an arbitrator was selected, DeltaZone will pay to you the higher of: (a) the amount awarded by the arbitrator and (b) US$10,000. The arbitrator’s award shall be final and binding on all parties , except (1) for judicial review expressly permitted by law or (2) if the arbitrator’s award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator’s application or conclusions of law. Judgment on the award may be entered in any court having jurisdiction.
    17.8 No Class Actions. YOU AND DELTAZONE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and DeltaZone agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
    17.9 Modifications to this Arbitration Provision. If DeltaZone makes any substantive change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to DeltaZone’s address for Notice of Arbitration, in which case your account with DeltaZone will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
    17.10 Enforceability. If Section 17.8 or the entirety of this Section 17 is found to be unenforceable, or if DeltaZone receives an Opt-Out Notice from you, then the entirety of this Section 17 will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 18.2 will govern any action arising out of or related to these Terms.
18. Miscellaneous
    18.1 General Terms. These Terms, including the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and DeltaZone regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms and all rights granted under these Terms, including with respect to your Submitted Files, at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to.” If any part of these Terms is held to be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
    18.2 Governing Law. These Terms are governed by the laws of the State of California without regard to conflict of law principles. You and DeltaZone submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Santa Clara, California for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Service from our offices in California, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.
    18.3 Privacy Policy. Please read the DeltaZone Privacy Policy (the “Privacy Policy”) carefully for information relating to our collection, use, storage, and disclosure of your personal information. The DeltaZone Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
    18.4 Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
    18.5 Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
    18.6 Contact Information. The Service is offered by DeltaZone, Inc., located at 228 Hamilton Ave, 3rd Floor, Palo Alto, CA 94301. You may contact us by sending correspondence to that address or by emailing us at .
    18.7 Notice to California Residents. If you are a California resident, then under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
    18.8 No Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies based on the individual subscription plan that you select.
    18.9 International Use. The Service is intended for visitors located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.
19. Notice Regarding Apple. This Section 19 only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and DeltaZone only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service or the content of it. Apple has no obligation to furnish any maintenance and support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple, and Apple will refund any applicable purchase price for the mobile application to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Service and/or your possession and use of the Service infringe a third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Service. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. You hereby represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.