Terms and Conditions of Use

Last Modified:  2/27/2018

  1. Terms of Use
    By accessing this site, you accept and agree to be bound by the following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the “Terms”). Please read these Terms carefully before using this site. If you do not want to agree to these Terms, you must not access or use the site.
  2. Changes to the Terms of Use
    Delta Star may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the site thereafter. Your continued use of the site following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page on a regular basis so you are aware of any changes, as they are binding on you.
  3. Intellectual Property Rights
    The site 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 Delta Star, 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. All names, trademarks, service marks, logos, trade names, trade dress, copyrights, patent rights, and other proprietary rights in or associated with the site, are the properties of Delta Star, its owner(s), affiliated entities, or its licensors.
    You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our site, except as follows:
    1. Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
    2. You may store files that are automatically cached by your Web browser for display enhancement purposes;
    3. You may print or download one copy of a reasonable number of pages of the site for non-commercial use and not for further reproduction, publication or distribution, and you will not alter, erase, or otherwise obscure our copyright, trademark proprietary, or other notices on the site.
    You must not:
    1. Modify copies of any materials from this site;
    2. Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text;
    3. Delete or alter any copyright, trademark or other proprietary rights notices from copies of the site; and/or
    4. Access or use any part of the site for any commercial purposes without our prior written consent.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, 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 on the site is transferred to you, and all rights not expressly granted are reserved by Delta Star. Any use of the site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
  4. Accuracy of Information Provided & Disclaimer of Warranties
    The information published on this site is made available solely for general information purposes. Delta Star does 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 site, or by anyone who may be informed of any of its contents.
    Delta Star may update the content on this site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the site may be out of date at any given time, and we are under no obligation to update such material.
    THIS SITE IS PROVIDED TO YOU ON AN “AS IS, AS AVAILABLE” BASIS, AND YOUR USE THEREOF IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS SPECIFICALLY SET FORTH IN THESE TERMS, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SITE OR YOUR ACCESS TO OR USE THEREOF, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND/OR NON-INFRINGEMENT, OR ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
  5. Privacy
    All information we collect on this site is subject to our Privacy Policy. By using the site, you consent to all actions taken by Delta Star with respect to your information in compliance with the Privacy Policy.
  6. Limitation of Liability
    TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL DELTA STAR, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
    SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
  7. Indemnification
    You agree to defend, indemnify, and hold harmless Delta Star, its affiliates, owners, directors, officers, personnel, suppliers, agents, and contractors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the site. We may, if necessary, participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defense and control of any such claim or action and then your corresponding indemnification obligation will end.
  8. Governing law & Interpretation
    These Terms and your use of the site will be interpreted under and governed by the substantive laws of the Commonwealth of Virginia, excluding its conflicts-of-law rules. You agree that exclusive jurisdiction and venue of any dispute with Delta Star or any of its affiliates, officers, directors, employees, contractors, agents, representatives, or suppliers, arising out of or in any way relating to these Terms shall reside in the federal and state courts sitting in the Commonwealth of Virginia. You expressly consent to the exercise of personal jurisdiction by such courts and agree that you will not object to jurisdiction of or venue in such courts on the grounds of lack of personal jurisdiction, forum non conveniens, or otherwise. You agree that Delta Star may, in its sole discretion, institute or convert any action to arbitration under the rules of the American Arbitration Association. Such arbitration will: (1) apply the choice of law specified above; and (2) take place in Lynchburg, Virginia. The parties hereby agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act (“UCITA”). No failure or delay in enforcing any provision, exercising any option or requiring performance, shall be construed to be a waiver of that or any other right in connection with these Terms. If any term of these Terms of Use is held invalid, illegal or unenforceable, the remaining portions shall not be affected.
  9. Entire Agreement
    The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Delta Star regarding the site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the site.
  10. Your Comments and Concerns
    Delta Star respects the intellectual property rights of others. If you believe that your work has been copied in a manner that constitutes copyright infringement, please provide our copyright agent with the information specified below.
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material is located on our site;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our Copyright Agent and recipient for other communications regarding the site can be reached as follows:
Delta Star, Inc.
Attn: Legal
3550 Mayflower Drive
Lynchburg, VA 24501

All other feedback, comments, requests for technical support, and other communications relating to the site should be submitted via the “Contact Us” feature of the site.