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Terms of Use

06.09.2023

Last Updated: June 5, 2023

1. Introduction

DeltaHawk Engines, Inc. (together with its subsidiaries, divisions, and brands, collectively, the “Company,” “we,” “us,” or “our,” as the context may require) operates and provides the DeltaHawk website at deltahawk.com (the “Site”), including all content, functionality, products, and services offered on or through the Site.

2. Acceptance of Terms of Use

The following terms and conditions (these “Terms of Use”), together with any documents they expressly incorporate by reference, including the Company’s Privacy Policy, govern your access to and use of the Site, including any content, functionality, products, and services offered on or through the Site. These Terms of Use are entered into by and between you and the Company.

Please read these Terms of Use carefully before you use the Site. By accessing or using the Site, you accept and agree to be bound and abide by these Terms of Use. If you do not agree to these Terms of Use, please do not visit, access, use, or otherwise interact with the Site.

The Site is offered and available to individuals who are 18 years of age or older and reside in the United States. By using the Site, you represent and warrant that you are of legal age to form a binding contract with the Company and meet each of the foregoing eligibility requirements. If you do not meet each of these requirements, please do not visit, access, use, or otherwise interact with the Site.

3. Changes to Terms of Use

We reserve the right to change these Terms of Use in our sole discretion without advance notice. Changes to these Terms of Use become effective on the date when the updated Terms of Use are published on the Site. Your continued use of the Site after we revise the Terms of Use means you accept such revisions and agree to abide and be bound by the most recent version of the Terms of Use, so please check this page periodically for updates.

4. Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site to:

  • Access or attempt to access data not meant for you, or intercept or attempt to intercept electronic mail or other forms of electronic communication not intended for you.
  • Invade the privacy of, obtain the identity of, or obtain any personal information about any other user of our Site.
  • Communicate with us or upload to or transmit on the Site any deceptive, fraudulent, defamatory, indecent, obscene, harassing, violent, or otherwise harmful or objectionable material.
  • Violate any applicable federal, state, local or international law or regulation, or violate the legal rights (including the rights of publicity and privacy) of others.
  • Transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any similar solicitation.
  • Impersonate or attempt to impersonate us, our employees, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing), or to misrepresent an affiliation with any person or organization.
  • Collect information about others (including email addresses) without their consent.
  • Violate these Terms of Use or any other policies or agreements that you enter into with us.
  • Engage in any other conduct that restricts or inhibits use of the Site, or which, as determined by us in our sole discretion, may harm the Company or users of the Site.

Additionally, you agree not to:

  • Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
  • Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
  • Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  • Probe, scan, or test the vulnerability of our Site, our network, our security, or authentication measures without proper authorization.
  • Use any device, software, or routine that interferes with the proper working of the Site.
  • Introduce any viruses, Trojan horses, worms, logic bombs, corrupted data or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
  • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Site.

Your failure to comply with the above provisions may result in the termination of your access to the Site and may expose you to civil and/or criminal liability. We reserve the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site, and to terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone using the Site. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

5. Intellectual Property Rights

The Site and its 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 the Company, 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.

These Terms of Use permit you to use the Site for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on or through the Site, except as follows:

  • Your computer or other electronic device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

You may not:

  • Modify copies of any materials from the Site.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site.
  • Access or use any part of the Site for any commercial purposes.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of these Terms of Use, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content therein is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Except as expressly provided, nothing contained in these Terms of Use or anywhere on the Site shall be construed as conferring any license under any intellectual property rights of the Company, its licensors or any third party.

Unauthorized attempts to upload information or change information are strictly prohibited and may be punishable under the Computer Fraud and Abuse Act of 1986.

6. Third-Party Websites

While using the Site, you may access third-party websites through search results displayed on the Site and links contained on the Site. Such third-party websites are not under our control, and we are not responsible for the availability of such websites or their contents. Any links provided on the Site are provided for your interest or convenience only and do not represent or imply any endorsement by the Company of any such linked website. You acknowledge that the use of such third-party websites is governed by the terms and conditions applicable to any such website.

7. Availability

We may periodically schedule system downtime for maintenance and other purposes, and the Site may be unavailable due to unplanned system outages or circumstances outside of our control. We shall have no liability to any user or third party whatsoever for the resulting unavailability of the Site, or for any loss of data or transactions caused by planned or unplanned system outages, or for the resultant delay, misdelivery, or non-delivery of information caused by such system outages.

We reserve the right to terminate, withdraw or amend the Site or any portion thereof, including any product, service, or material we provide on or through the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or to the Site altogether.

8. Site Errors

We attempt to provide the most recent, accurate, and reliable information on our Site. However, there may be occasions when information featured on our Site may contain typographical errors, incomplete data, inaccuracies, or items featured on the Site that are no longer available. We do not warrant that the information accessible via the Site is accurate, complete, or current. Any errors are unintentional, and we apologize if erroneous information is reflected on the Site. We reserve the right to correct errors and to update product information at any time. 

9. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data. 

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY PRODUCTS, SERVICES, OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SITE, ITS CONTENT, AND ANY PRODUCTS, SERVICES, OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY PRODUCTS, SERVICES, OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY PRODUCTS, SERVICES, OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY PRODUCTS, SERVICES, OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, MANAGERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SITE AND THE CONTENT, PRODUCTS, AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THE SITE OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE SITE OR ITS CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY THE COMPANY AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

Some jurisdictions do not permit the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, therefore, some of the limitations above may not apply to you.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

11. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, managers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to (i) your access, use, or misuse of the Site; (ii) your violation of these Terms of Use; or (iii) your negligent conduct. This includes, but is not limited to, any use of the content, products, and services on the Site other than as expressly authorized in these Terms of Use.

12. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

13. Termination

Your failure to comply with these Terms of Use automatically revokes your authorization to use the Site and terminates all rights granted to you under these Terms of Use. Your obligations to the Company and its affiliates and third-party service providers relating to your use of the Site prior to termination shall continue after termination. Provisions of these Terms of Use regarding the content restrictions and limitations, disclaimers, indemnification, and liability limitations shall survive termination of these Terms of Use for any reason.

14. Miscellaneous

When you visit the Site, submit a request for help, send an email to us, or otherwise communicate with us through the Site or electronically, you expressly grant the Company, its affiliates, or third-party service providers the right to communicate with you electronically. This includes, but is not limited to, posting notices on the Site or responding to your email. You agree that all agreements, notices, disclosures, or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Except as expressly set forth herein, in the event of a conflict between these Terms of Use and any applicable terms to specific products or services that you receive from us, the terms of the specific product or service shall govern.

All matters relating to the Site or these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Wisconsin without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Wisconsin, in each case located in Portage County, Wisconsin, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your jurisdiction of residence or any other relevant jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

These Terms of Use constitute the entire agreement between you and the Company with respect to our Site and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to our Site. No failure on the part of the Company to exercise and no delay in exercising any right under these Terms of Use shall operate as a waiver of such right. If any provision contained in these Terms of Use is determined by a court of competent jurisdiction to be illegal, invalid, or otherwise unenforceable, that provision shall be severed from these Terms of Use and the remaining provisions shall continue in full force and effect.

15. How to Contact Us

If you have any feedback, comments, questions, or requests for technical support relating to the Site, you may contact us:

  • Via mail at 2300 South Street, Racine, WI 53404
  • Via phone at 262-583-4500
  • Via email at info@deltahawk.com
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