Terms of Service
The terms to use Delivra's system and/or services.
ENTERING THIS SYSTEM WILL CONSTITUTE YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU ARE NOT PERMITTED TO ENTER OR OTHERWISE USE THIS SYSTEM.
Your access or use of this system (the “System”) for the creation and / or delivery of any electronic communications or its content, service, materials, information or systems are subject to these terms and conditions (“Terms”). As used throughout these Terms, you are the “Company”. As used throughout, the provider of access to the System is referred to as the “Provider” or “we”. We reserve the right to revise these Terms from time to time as we see fit without notice or liability. As such, you should check these Terms periodically. If you violate any of these Terms you will have your access canceled and you may be permanently banned from accessing, viewing, browsing and using the System. Your accessing, viewing, browsing and/or using the System after we post changes to these Terms constitutes your acceptance and agreement to those changes, whether or not you actually reviewed them.
We operate the System as a portal site where certain services are provided and content is published as those terms are defined in the parties’ Agreement. We, in our sole discretion, reserve the right to alter, modify, change, suspend or terminate the System without prior notice or liability to you. It is expressly understood and agreed that the Company is not a broker or agent and has no fiduciary duty to you with regard to transactions through the System.
Your Obligations and Conduct
You agree to use the System only for lawful purposes and as set forth herein. Your failure to comply with these obligations may result in the suspension of the use of the System and / or termination of your Agreement. The term “email”, whether in the singular or plural, as used in these Terms and Conditions shall include any electronically transmitted communication.
You are prohibited from utilizing the System to send unsolicited bulk email, whether it is commercial or non-commercial. Email will be considered unsolicited if Company’s membership address are not 100% express opt-in by Company’s members. If Company’s email addresses came from harvesting, a purchased email list, or other acquired method, it is considered unsolicited email. Examples of invalid address collection / sending methods include, but are not limited to:
• Emails harvested from web sites
• Purchased lists (whether opt-in or not)
• Pre-checked fields on your subscription form
• A subscription form that subscribes users to an unrelated list
• Sending unrelated offers or unrelated content to your newsletter list
• Adding an email address to a list without the subscriber’s permission
• Emailing someone who has requested to be removed from your list
• Utilizing a list without any sending activity in the previous 2 years without reconfirming the recipients’ subscriptions
• Use of third-party or affiliate lists.
You are prohibited from sending any communications promoting the following:
• pyramid schemes
• multi-level channel and / or network marketing opportunities
• personal work-at-home offers
• any offer promoting “get rich quick,” “build your wealth,” and / or “financial independence” offerings.
• Email promoting online and direct pharmaceutical sales, including but not limited to health and / or sexual well-being products.
• Work-at-home businesses
• Credit or finance management
• Credit repair
• Debt relief
• Mortgage finance offers.
You are further prohibited from sending email with an invalid “From:” or “Reply-to:” address. All messages posted to Company’s list must contain valid email addresses, and Company must be responsive to all replies from members of Company’s list, including unsubscribe requests. Company may not refuse unsubscribe requests from members of Company’s list.
You are prohibited from sending email with a false or misleading header, including the sender and subject line. You are also prohibited from sending e-mails that do not contain the Sender’s postal address conspicuously identified somewhere in the e-mail.
All list messages must include unsubscribe instructions in the body or footer of the message so members can unsubscribe themselves from the list for a minimum of 60 days. Company shall respond to member requests for manual removal from the list with courtesy and timeliness. Even if the member request for removal is aggressive, unfriendly or otherwise rude, Company shall nonetheless make every attempt to help the member unsubscribe from Company’s list. Company shall not discard personal email Company receives asking to be removed from Company’s list.
Company may not use the System for one-time mailings to a list of members after which you delete the membership and create a new one. Company’s membership must be a permanent list to which you add new members and / or members subscribe or unsubscribe themselves.
You are prohibited from impersonating any person, including but not limited to, an official or employee of the Provider or any information provider.
You are prohibited from communicating under a false name or any name that you are not fully authorized and entitled to use.
You are prohibited from installing any computer program, including but not limited to spyware or malware, on an member’s computer in the course of commercial activity without (a) providing the member with full disclosure of the foreseeable impacts of the program and (b) obtaining express consent from the member prior to installation of the software.
You are prohibited from posting on or transmitting through the System any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, offensively racial, offensively ethnic, or otherwise objectionable material of any kind, including but not limited to any material that is or that encourages fraudulent activity or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, federal, or international law.
We may disclose any conduct or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the System; or (iii) to protect the rights or property of Provider, our users and customers and/or you.
We reserve the right to prohibit conduct and communication that we deem in our sole discretion to be unlawful or harmful to you, the System, System users, our customers or any rights of the Provider or any third party. Notwithstanding the foregoing, Provider cannot ensure prompt retrieval of questionable conduct or communication after transmission. Accordingly, Provider assumes no liability for any action or inaction with respect to conduct and/or communication on or sent through the System.
Our policy is to be compliant with all intellectual property laws. It is our policy to block or remove Content or such other material from the System in violation of such laws and if necessary, disable access to any such infringing material. In accordance with the Digital Millennium Copyright Act, as amended, we are not liable for any infringement of any Third Party Property Rights resulting from the placement or transmission on or through the System of any Content by you, the Company, or any other third-party. Accordingly, if you believe that your rights under intellectual property laws are being violated by any Content placed or transmitted on or through the System, please contact us promptly so that we may investigate the nature of your claim. In order for us to investigate your claim of infringement, you must provide us, in writing, with the following information:
(i) A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Provider to locate the material.
(iv) Information reasonably sufficient to permit Provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(v) A statement that the complaining party has a good faith belief that use of the material (Content) in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner.
The foregoing information must be sent to:
Director of Operations
9365 Counselors Row, Suite 210
Indianapolis, IN 46240
You agree that all of the information provided in your registration is true, correct, accurate, and complete in all respects. Information sought in the registration process includes, but is not limited to, your legal name, address, phone number, fax number, e-mail address, and other personal and business information as may be required. You agree to promptly notify Provider should your information change or otherwise needs to be updated or deleted in order to more accurately reflect your information. You understand that your failure to provide accurate and complete information may result in actions taken against you, including without limitation, the immediate suspension or termination of your access and further use of the System. Additionally, you may submit certain information that is public in nature or is otherwise available to the public
You should exercise caution and discretion while browsing the System and the internet. Hyperlinks on the System, if any, may not be under the control of the Company, and we do not make any representations or warranties concerning any such Systems which you may access via a hyperlink from the System. Accordingly, we are not responsible for the accuracy, copyright compliance, legality, legitimacy or decency of any material contained in such other systems or websites which may be accessible via a hyperlink to or from the System or for the hyperlink itself. We are or may provide these hyperlinks to you only as a convenience and the inclusion of any hyperlink on the System is not and should not imply any endorsement by us of such linked websites, the owners of such websites, or the products or services described on such websites.
You assume the responsibility to take adequate precautions against damages to your systems or operations which could be caused by defects or deficiencies in the System, any content therein, any service, system, databases or material, or parts thereof. You acknowledge that electronic communications and databases are subject to errors, tampering and break-ins and that while we will implement reasonable security precautions to attempt to prevent such occurrences, we do not guarantee or warrant that such events will not take place. You are responsible for ensuring that any access made by or for you to this System does not contain any viruses or other computer software code or routing designed to disable, erase, impair or otherwise damage the System or any system, software or database of any user of the System. You hereby agree to indemnify and hold Provider or any service provider to Provider harmless from any liability, claim cost or damage arising out of your use of the System or any claim or suit by any such user caused by such virus or code or subroutine.
Termination of Usage
We reserve the right, in our sole discretion, to review your status and compliance with the Terms hereof, to suspend or terminate any your use of the System or your access to all or part of the System, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law, is in breach of these Terms (including your user information) or is otherwise harmful to the interests of other users or us.
Disclaimer of Liability
We do not guarantee, represent, or endorse the accuracy or reliability of any of the information, content or advertisements contained on, distributed through, or linked, downloaded or accessed from this System, nor the quality of any Content, information or other materials or services displayed, obtained or purchased by you as a result of your use of this System. You hereby acknowledge that any reliance upon any information or materials shall be at your sole risk.
ALL INFORMATION OR CONTENT ON OR OBTAINED THROUGH THIS SYSTEM ARE PROVIDED “AS IS”, “WHERE IS” “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, AND YOU HEREBY WAIVE ALL OTHER WARRANTIES RELATING THERETO, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY AGAINST INTERFERENCE OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT ANY GOODS, INFORMATION, CONTENT OR OTHER MATERIAL WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION THE SYSTEM WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY DEFECTS IN THE SYSTEM WILL BE OR CAN BE CORRECTED. IN NO EVENT SHALL WE HAVE ANY LIABILITY TO YOU (INCLUDING LIABILITY TO ANY PERSON OR PERSONS WHOSE CLAIM OR CLAIMS ARE BASED ON OR DERIVED FROM A RIGHT OR RIGHTS CLAIMED BY YOU) WITH RESPECT TO ANY AND ALL CLAIMS AT ANY AND ALL TIMES ARISING FROM OR RELATED TO THE SUBJECT MATTER OF THIS SYSTEM, IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE.
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SYSTEM, YOUR, OR THE CONTENT CONTAINED THEREIN, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SYSTEM, GOODS, OR CONTENT IS TO CEASE ALL OF YOUR USE OF THE SYSTEM.
If any part or parts of the Terms are held to be invalid, the remaining parts will continue to be valid and enforceable. Nothing in these Terms affects any statutory rights of consumers that cannot be waived or limited by contract. Your use of this System, content, services or other materials, and any and all other matters between Provider and you related hereto, shall be governed by applicable United States federal law and the laws of the State of Indiana, without regard to the conflict-of-laws rules. You hereby agree to waive any right to a jury trial in any suit arising out of or relating to this System, content, service or other product. Any suit or proceeding arising out of or relating hereto must be commenced within one year from the date the right, claim, demand or cause of action being asserted first came into being. Venue for all disputes arising out of or relating to the Terms shall be exclusively in the state and federal courts situated in Hamilton or Marion County, Indiana. Any provisions or obligations contained in the Terms which by their nature or effect are required or intended to be observed, kept or performed after termination of the Terms shall survive the termination of the Terms and remain binding upon and for the benefit of the parties, their successors and permitted assignees. You may not assign this agreement without our express, written consent, which may be withheld for any reason or no reason.