Effective July 11, 2022.
Delphi Digital Consulting, Inc. and its affiliates (collectively, “Delphi”) provide this website (the “Website”) to you, subject to the following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the “Terms”). The Terms constitute a legal agreement between you and Delphi and govern all use of the Website, including all content, information, and services provided on the Website, whether as a guest or a registered user.
Please read the Terms carefully before using the Website. By using the Website, you accept and agree to be bound and abide by the Terms. If you do not agree to these Terms, you must not access or use the Website.
Notwithstanding anything to the contrary herein, any subscription agreement in effect between you (or your employer) and Delphi for the information and services on this Website shall take precedence over any conflicting or inconsistent provisions in these Terms. Access to and use of any other site, product or service, including those referenced herein or linked to from this site, are governed by the terms of the subscriber agreement or other agreement related to that service or site.
These Terms include a number of important provisions that affect your rights and responsibilities, such as the disclaimers in Disclaimers, limits on the Delphi’s liability to you in Limitation of Liability, your agreement to cover the company for damages caused by your misuse of the Website in Indemnification, and procedures for resolving disputes by binding arbitration in Disputes.
Users of the Website must be at least eighteen years of age, of sound mental capacity, and possess all technical knowledge necessary or advisable to understand and evaluate the risks of the Website.
By accessing, browsing, or using the Website, you agree to the following restrictions:
Certain sections of the Website may require you to register as a user or create an account (your “Account”). By registering or creating an Account, you agree to provide accurate and complete information and to inform us of any changes to that information. Each registration is for a single user only, unless otherwise expressly provided on the registration page. You are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your Account or password.
You acknowledge that your Account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify Delphi immediately of any unauthorized access to or use of your user name or password or any other breach of security. If you believe there has been unauthorized use, you must notify Delphi immediately.
Delphi has the right to disable any user name, password or other identifier, whether chosen by you or provided by Delphi, at any time in our sole discretion for any or no reason, including if, in Delphi’s opinion, you have violated any provision of these Terms.
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Delphi, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Delphi and its licensors retain all proprietary rights to that content and technology. The trademarks, service marks, trade names and logos appearing on this site are trademarks of Delphi and/or its affiliates or licensors.
By offering the Website for use, Delphi provides you with a worldwide, nonexclusive, nontransferable, revocable, limited license to access and use the information and services on the Website for your personal, non-commercial use, strictly subject to and in accordance with these Terms.
Except for the limited license set forth in these Terms, Delphi does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any materials on the Website, except as otherwise permitted herein.
We reserve the right to terminate this license at any time and for any reason. Your failure to comply with these Terms will result in automatic termination of this license, with or without prior notice. If this license is terminated, you must immediately destroy all copies of downloaded materials in your possession or control.
This Website or the Forums may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Delphi, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Delphi. Delphi is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Any materials you post to the site or submit to us, whether or not solicited by us (“User Contributions”), including without limitation creative ideas, suggestions or other materials you submit are not being made in confidence or trust and will be considered non-confidential and non-proprietary. No fiduciary relationship is intended or created between you and Delphi in any way, and you have no expectation of review, compensation or consideration of any type. By providing any User Contributions on the Website or the Forums, you grant Delphi and its affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Delphi, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
Delphi is not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website or the Forums.
Delphi has the right to:
Without limiting the foregoing, Delphi has the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS DELPHI AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all User Contributions before they are posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
If you believe that any User Contributions violate your copyright, please see our Copyright Notice for instructions on sending us a notice of copyright infringement.
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. Certain content or information presented on or through the Website may be attributable to an individual. In all such cases, the content or information reflects the personal opinions of such individual. In no event shall Delphi assume responsibility or liability for such opinions. Furthermore, where Delphi permits its directors, officers, employees, or agents to use the Website or Forums as an end user, any information or statements of such person shall be solely in their individual capacity.
DELPHI PROVIDES THIS WEBSITE “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO:
BY ACCESSING, BROWSING, OR USING THIS WEBSITE, YOU ACKNOWLEDGE THAT
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
YOU ASSUME THE ENTIRE RISK AS TO THE USE, RESULTS AND PERFORMANCE OF THE INFORMATION AND SERVICES ON THIS WEBSITE. IN NO EVENT WILL DELPHI OR ITS SUPPLIERS OR LICENSORS BE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, FOR
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IF YOU OBJECT TO THESE TERMS, YOUR ONLY RECOURSE IS TO IMMEDIATELY DISCONTINUE USE OF THIS WEBSITE.
You agree to indemnify, defend, and hold Delphi and its officers, directors, employees, affiliates, agents, licensors, and suppliers harmless from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms by you or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms, or your use of any information obtained from the Website.
The information and services on the Website are not intended to and shall not be used as legal or investment advice. No attorney-client relationship is formed. You use the content, information, and services on this website at your own risk. The information and services are general and educational in nature, may not reflect all recent legal developments and may not apply to the specific facts and circumstances of individual transactions and cases. You should consult with qualified legal counsel or financial advisors before acting on any of the information and services on this Website. Delphi, its affiliates and their editorial staff are not a law firm or investment advisor, do not represent or advise clients in any matter and are not bound by the professional responsibilities and duties of a legal practitioner or financial advisor. Nothing in the information and services on the Website, nor any receipt or use of such information or services, shall be construed or relied on as advertising or soliciting to provide any legal or financial services (except to the extent otherwise provided by applicable laws or ethical rules in each applicable jurisdiction), creating any attorney-client relationship or providing any legal representation, advice or opinion whatsoever on behalf of Delphi, its affiliates, their editorial staff or any law firm, lawyer or other independent contributor of articles or other materials to the information and services on this website.
Delphi does not guarantee the veracity, reliability or completeness of any information provided on the Website or in any hyperlink appearing on the Website. You are responsible for your own investment decisions. Delphi will not be responsible for any errors or omissions on the Website, for hyperlinks embedded on the Website, or for any results obtained from the use of such information. Delphi will not be liable for any loss or damage caused by a reader’s reliance on information obtained on the Website.
This Website may provide links to other third-party web sites or resources. Delphi makes no representations whatsoever about any other web site which you may access through the Website. Because Delphi has no control over such sites and resources, you acknowledge and agree that Delphi is not responsible for the availability of such external sites or resources and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojans, and other items of a destructive nature. References on the Website to any names, marks, products or services of any third parties or hypertext links to third party sites or information are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with the third party or its products and services. Delphi makes no representation or warranty as to any third party content, products or services, and you agree that Delphi shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, products or services available on or through any such site or resource.
The Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on this website is accurate and complies with applicable laws. Delphi is not responsible for the illegality of, or any error or inaccuracy in, advertisers’ or sponsors’ materials, or for the acts or omissions of such advertisers or sponsors.
Subject to the provisions below, you (i) hereby irrevocably and unconditionally submit to the jurisdiction of the state or federal courts located in Miami, Florida for the purpose of any dispute, suit, action or other proceeding arising out of or based upon these Terms or the matters contemplated by these Terms (“Disputes”), (ii) agree not to commence any suit, action or other proceeding arising in connection with or based upon these Terms or the matters contemplated by these Terms except before the state or federal courts located in Miami, Florida, and (iii) hereby waive, and agree not to assert, by way of motion, as a defense, or otherwise, in any such suit, action or proceeding, any claim that you are not subject personally to the jurisdiction of the above-named courts, that your property is exempt or immune from attachment or execution, that the suit, action or proceeding is brought in an inconvenient forum, that the venue of the suit, action or proceeding is improper or that these Terms or the subject matter hereof or thereof may not be enforced in or by such court.
Each party will bear its own costs in respect of any Disputes.
At Delphi’s sole option and commencing within a reasonable period from the date of notification to the other party of such Dispute, any Dispute may be resolved by confidential, binding arbitration to be seated in Miami, Florida and conducted in the English language by a single arbitrator pursuant to the rules of the International Chamber of Commerce (the “Rules”). The arbitrator shall be appointed in accordance with the procedures set out in the Rules. The award or decision of the arbitrator shall be final and binding upon the parties and the parties expressly waive any right under the laws of any jurisdiction to appeal or otherwise challenge the award, ruling or decision of the arbitrator. The judgment of any award or decision may be entered in any court having competent jurisdiction to the extent necessary. If Delphi elects to have a Dispute resolved by arbitration pursuant to this provision, no party hereto shall (or shall permit its representatives to) commence, continue or pursue any Dispute in any court; provided, however, that Delphi shall be entitled to obtain an injunction or injunctions to prevent breaches of this provision and to enforce specifically the terms and provisions thereof, this being in addition to any other remedy to which Delphi is entitled at law or in equity, and the parties hereto hereby waive the requirement of any undertaking in damages or posting of a bond in connection with such injunctive relief or specific performance (or, if a bond is required, you agree that $1,000 shall be sufficient).
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. The content of the Website is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
We may revise and update these Terms at any time, with or without notice to you. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Each time you access this website, you agree to be bound by the Terms then in effect. If you do not agree to the revised Terms, you must discontinue using this site.
You acknowledge and agree that Delphi, in its sole discretion, may terminate your Website access if your conduct is found to be unlawful, inconsistent with, or in violation of, the letter or spirit of these Terms, or for any other reason. Delphi shall not be liable to you or any third party for termination of Website access. Should you object to any terms and conditions of these Terms, or to any subsequent modifications thereto, your only recourse is to immediately discontinue use of the Website.
These Terms shall inure to the benefit of and be binding upon the respective successors and assigns of the parties hereto and express beneficiaries hereof. These Terms may not be assigned without Delphi’s consent.
All notices and other communications given or made pursuant to these Terms shall be in writing and shall be deemed effectively given upon the earlier of actual receipt or (i) personal delivery to the party to be notified; (ii) when sent, if sent by electronic mail during the recipient’s normal business hours, and if not sent during normal business hours, then on the recipient’s next business day; (iii) five (5) days after having been sent by registered or certified mail, return receipt requested, postage prepaid; or (iv) one (1) business day after the business day of deposit with a nationally recognized overnight courier, freight prepaid, specifying next-day delivery, with written verification of receipt, when addressed to the party to be notified, or at such other address as may be reflected in Delphi’s books and records.
If any provision of these Terms is deemed unlawful, void, or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
The Terms, together with any other documents or policies described and incorporated by reference herein, constitute the sole and entire agreement between you and Delphi with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.
If you have any questions about these Terms, or about the content, information, or services on this website, you may contact us using any of the methods described on our Contact page.
If you have provided your address or email to Delphi, you agree to notify us promptly if you change your address or email so we can continue to contact you and send any notices required hereunder. If you fail to notify us promptly of a change, then any notice we send to your old address or email shall be deemed sufficient notice.
Delphi pulls and aggregates the information (“Data”) for its data dashboards, as well as other Delphi products and features offered from time to time (“Delphi Data Products”) by accessing a variety of third-party sources, including without limitation open-source data repositories and APIs, government agencies, quasi-governmental sources, vendors and other commercial providers. Although the Data has been produced and processed from sources Delphi believes to be reliable, we make no warranties, express or implied, regarding accuracy, adequacy, completeness, legality, reliability or usefulness of any Data or any data or values relating thereto or results or conclusions obtained therefrom. We shall have no liability for errors, omissions or interruptions in the Data and expressly disclaim all warranties of merchantability and fitness for a particular purpose with respect thereto. This disclaimer applies to both isolated and aggregate uses of the Data.
Information we access via these third-party sources may also not always be available or current. Data can also quickly become out-of-date. Delphi provides the Data on an “as is”, “as available” basis for general informational, educational and research purposes and does not guarantee the timeliness, accuracy, reliability or completeness of any Data or information relating to any Delphi Data Product. All any Data produced or accessible in connection with the use of Delphi Data Products is impersonal and not tailored to the needs of any person, entity or group of persons.
The user assumes the entire risk related to use of the data to the maximum extent allowed by law and Delphi shall have no liability or responsibility whatsoever for any injury or damages – whether direct, indirect, consequential, incidental, punitive or otherwise – arising in connection with the Delphi Data Products or any data or values relating thereto – whether arising in contract, tort (including negligence), strict liability, or otherwise. No Data shall constitute or be construed as an offering of financial instruments or as investment advice or investment recommendations (i.e., recommendations as to whether or not to “buy”, “sell”, “hold”, or to enter or not to enter into any other transaction involving any specific interest or interests) by Delphi or a recommendation as to an investment or other strategy by Delphi. Data and other information available via Delphi, including any Delphi Data Product, should not be considered as information sufficient upon which to base an investment decision. We do not express an opinion on the future or expected value of any currency, security or other interest and do not explicitly or implicitly recommend or suggest an investment strategy of any kind. The Data may not be used as the basis of any product (financial or otherwise) without Delphi’s express prior written consent.