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This agreement (the "Agreement") is a legal agreement between you, either an individual
or a single legal entity ("You" or "you"), and Delighta.com ("Delighta"). This Agreement
governs your use of the Delighta.com software and phone numbers.
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You acknowledge and agree that Delighta may occasionally send you administrative
communications regarding your account or the Service via email. Please see the Delighta
privacy policy at http://www.delighta.com/PrivacyPolicy.aspx , which is incorporated
into this Agreement by reference.
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You must be a registered user to access the Service. You may register by signing
in at www.delighta.com with your Gmail user id and password or by sending a SMS
containing your Gmail user id (e.g., john.doe@gmail.com) to the phone number mentioned
on the www.delighta.com website. You are responsible for keeping your password secure.
You will be solely responsible and liable for any activity that occurs under your
user name. If you lose your password you may not be able to access your data.
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You are solely responsible for your conduct and your data related to the Service.
You agree to indemnify, defend, and hold harmless Delighta.com and its suppliers
from any and all loss, cost, liability, and expense arising from or related to your
data, your use of the Service, or your violation of these terms.
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The Software and Service are made available to you only for your personal use, which
use must be in compliance with all applicable laws, rules and regulations and must
not infringe or violate third party rights. You may not make commercial use of the
Software or service, including but not limited to selling or distributing the Software
and/or Service to any third party.
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Any unauthorized use of any Delighta computer system is a violation of this Agreement
and certain federal and state laws. Such violations may subject the unauthorized
user and his or her agents to civil and criminal penalties.
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In order to protect the experience of all users of the Service, Delighta prohibits
excessive use of the Service, which means usage over a given period far exceeds
the average level of usage by users of the Service generally. If Delighta determines
that you have engaged in any excessive use, Delighta may offer you an alternative
pricing plan that will permit you to continue to use Delighta’s services without
interruption. If you fail to respond to any such offer, Delighta may take remedial
action, which may include, but is not limited to, establishing limits on available
network capacity and suspension or termination of your account. In its sole discretion,
Delighta may or may not notify you in advance of any such action.
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Delighta reserves the right at any time to modify, suspend, or discontinue providing
the Service or any part thereof in its sole discretion with or without notice.
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Delighta will use commercially reasonable efforts to notify you of modification,
suspension, or discontinuance of the Service either by sending an email to the email
address you provide with your registration or by a posting on www.delighta.com website.
However, in no event will Delighta be liable to you or to any third party for any
modification, suspension or discontinuance of the Service with or without notice.
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Delighta reserves the right at any time to modify this Agreement in its sole discretion,
without liability to you. This Agreement, as amended, will be effective upon acceptance
of registration for new users and effective for all existing users 15 days after
the posting of any amended terms on the www.delighta.com website. You agree to be
bound by this Agreement, as modified. If you do not agree to any changes to this
Agreement, you must terminate your account immediately.
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Please review the most current version of this Agreement from time to time, located
at http://www.delighta.com (or such successor URL as Delighta may provide), so that
you will be apprised of any changes.
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You acknowledge that Delighta or third parties own all right, title and interest
in and to the Software and Service, portions thereof, or software or content provided
through or in conjunction with the Software or Service, including without limitation
all intellectual property rights. All rights in and to the Software and Service
are reserved, and no implied licenses are granted by Delighta.
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If you have comments on the Software or Service or ideas on how to improve them,
please visit http://www.delighta.com/Forum.aspx. Please note that by doing so, you
also grant Delighta a perpetual, royalty-free, irrevocable, transferable license,
with right of sublicense, to use and incorporate your ideas or comments into the
Software or Service (or third party software, content, or services), and to otherwise
exploit your ideas and comments, in each case without further compensation.
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This Agreement is effective upon signing up for the Delighta services and remains
in effect until the users' account is terminated.
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You may terminate this Agreement at any time by signing in at www.delighta.com and
removing all your phone numbers.
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This Agreement automatically terminates if you fail to comply with its terms and
conditions. Delighta reserves the right to refuse or discontinue participation to
any user at any time at its sole discretion.
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You agree that, upon such termination, your access rights to the Service will immediately
terminate.
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The terms of the Sections entitled Consent to Collect Non-Personal Information,
Intellectual Property, Disclaimer of Warranties, Limitation of Liability, and Miscellaneous
will survive expiration or termination.
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THE SOFTWARE AND SERVICE AND ANY THIRD PARTY SOFTWARE AND SERVICES ARE PROVIDED
"AS IS," WITH NO WARRANTIES WHATSOEVER. DELIGHTA AND SUCH THIRD PARTIES EXPRESSLY
DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY
WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS AND
ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE
OF THE SOFTWARE OR SERVICE AND SUCH THIRD PARTY SOFTWARE OR SERVICES.
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YOU UNDERSTAND AND AGREE THAT YOU USE THE SOFTWARE AND SERVICE, AND ALL THIRD PARTY
SOFTWARE OR SERVICES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SOFTWARE
OR SERVICE, AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OR USE OF THE SOFTWARE OR SERVICE AND SUCH THIRD PARTY SOFTWARE AND SERVICES.
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YOU UNDERSTAND AND AGREE THAT SMS DELIVERIES ARE NOT GUARANTEED AND SOFTWARE TRANSLATIONS
OF LANGUAGES ARE SOMETIMES NOT CORRECT OR MISLEADING.
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SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES,
SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT
VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
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UNDER NO CIRCUMSTANCES SHALL DELIGHTA, OR ITS SUPPLIERS, RESELLERS, PARTNERS OR
THEIR RESPECTIVE AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THE SOFTWARE
OR SERVICE, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE),
OR OTHERWISE, (EVEN IF DELIGHTA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
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WITHOUT LIMITING THE FOREGOING, THE TOTAL AGGREGATE LIABILITY OF DELIGHTA, AND ITS
SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES ARISING FROM OR RELATED
TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO DELIGHTA FOR
THE SOFTWARE OR SERVICES.
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THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM
USE OR MISUSE OF AND RELIANCE ON THE SOFTWARE OR SERVICE, FROM INABILITY TO USE
THE SOFTWARE OR SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF
THE SOFTWARE OR SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH
LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED
REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
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SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES,
SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT
VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
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THE SOFTWARE AND SERVICE ARE NOT INTENDED FOR USE IN CONNECTION WITH ANY NUCLEAR,
AVIATION, MASS TRANSIT, OR MEDICAL APPLICATION OR ANY OTHER INHERENTLY DANGEROUS
APPLICATION THAT COULD RESULT IN DEATH, PERSONAL INJURY, CATASTROPHIC DAMAGE, OR
MASS DESTRUCTION, AND LICENSEE AGREES THAT LICENSOR WILL HAVE NO LIABILITY OF ANY
NATURE AS A RESULT OF ANY SUCH USE OF THE SOFTWARE.
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This agreement will be governed by and construed in accordance with the laws of
the State of Illinois, without giving effect to any conflict of laws and provisions
that would require the application of the laws of any other jurisdiction. The United
Nations Convention on Contracts for the International Sale of Goods shall not apply
to this Agreemen
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The failure of Delighta to exercise or enforce any right or provision of this Agreement
does not constitute a waiver of such right or provision. If for any reason a court
of competent jurisdiction finds any provision or portion of this Agreement to be
unenforceable, the remainder of this Agreement will continue in full force and effect.
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This Agreement, which incorporates the Delighta.com Privacy Policy, constitutes
the entire agreement between the parties with respect to the subject matter hereof
and supersedes and replaces all prior or contemporaneous understandings or agreements,
written or oral, regarding such subject matter. Any waiver of any provision of this
Agreement will be effective only if in writing and signed by Delighta.
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All disputes arising out of this Agreement will be subject to the exclusive jurisdiction
of the state and federal courts serving Du Page County, Illinois, and the parties
agree and submit to the personal and exclusive jurisdiction and venue of these courts,
except that nothing will prohibit Delighta from instituting an action in any court
of competent jurisdiction to obtain injunctive relief or protect or enforce its
intellectual property rights.
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You may not assign or transfer any of your rights or obligations under this Agreement
to a third party without the prior written consent of Delighta. Delighta may freely
assign this Agreement. Any attempted assignment or transfer in violation of the
foregoing will be void from the beginning.
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Users with questions about this Agreement or the Privacy Policy may contact Delighta
via email: terms@delighta.com.
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