Terms of Use for the Delphi Technology, Inc. Website

IMPORTANT – THE FOLLOWING TERMS AND CONDITIONS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND DELPHI TECHNOLOGY, INC. READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, THAT YOU UNDERSTAND THESE TERMS OF USE, AND THAT YOU AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, EXIT THIS PAGE WITHOUT ACCESSING OR USING THE WEBSITE.

  1. CONDITIONS ON USE OF WEBSITE.
    Delphi Technology, Inc. (“Delphi Technology”), makes this website (the ” Website”), including all information, documents, communications, files, text, graphics, software, and products available through the site (collectively, the “Materials”) and all information and Materials provided by Delphi Technology (“Delphi Technology Content”) and all services operated by Delphi Technology and third parties through the site (collectively, the “Services”), available for your use subject to the terms and conditions set forth in this document and any changes to this document that Delphi Technology may publish from time to time without notice (collectively, the “Terms of Use”) and further subject to the Privacy Statement on the Website.
  2. USE INDICATES CONSENT TO THESE TERMS.
    By accessing or using this Website in any way, including, without limitation, use of any of the Services, downloading of any Materials, or merely browsing the Website, you agree to and are bound by these Terms of Use.
  3. RIGHT TO CHANGE TERMS OF USE.
    Delphi Technology reserves the right to change the Terms of Use and other guidelines or rules posted on the Website from time to time at its sole discretion without prior notice. Your continued use of the Website, or any Materials or Services accessible through it, after such notice has been posted on the website constitutes your acceptance of the changes. Your use of the Website will be subject to the most current version of the Terms of Use, rules, and guidelines posted on the Website at the time of such use. You should periodically check these Terms of Use to view the then-current terms. If you breach any of the Terms of Use, your authorization to use this Website automatically terminates.
  4. INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS.
    The Materials and Services on this Website, as well as their selection and arrangement, are protected by copyright, trademark and/or other intellectual property laws, and any unauthorized use of the Materials or Services at this Website may violate such laws and these Terms of Use. Except as expressly provided herein, Delphi Technology and its suppliers do not grant any express or implied rights to use the Materials and Services. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Website, its Materials, or its Services or their selection and arrangement, except as expressly authorized herein. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Website except where permitted. The permitted list for search engine inclusion is available in the file (robots.txt) at the root of the website. You agree not to use or provide software (except for general purpose web browsers and email clients, or software expressly licensed by us) or services that interact or interoperate with the website, e.g. for downloading, posting, emailing, search, or mobile use. Robots, spiders, scripts, scrapers, crawlers, etc. are prohibited, as are misleading, unsolicited, unlawful, and/or spam postings, email. You agree that Delphi Technology shall be the owner of any suggested feature changes and ideas for enhancements and any other material submitted by you or described in any user feedback or comments submitted by means of the Delphi Technology Website and hereby assign to Delphi Technology all right, title and interest to such feedback and comments and all property rights therein including without limitation all patent, copyright, trade secret, mask work, trademark, moral rights or other intellectual property rights. Nothing herein shall be construed as an obligation of Delphi Technology to use any of the feedback or comments in any manner or to treat such feedback or comments as confidential information.
  5. ACCESS TO THIRD PARTY SERVICES.
    In addition to the Materials and Services offered by Delphi Technology, this Website may also make available materials, information, and services provided by third parties (collectively, the “Third Party Services”). The Third Party Services may be governed by separate license agreements and privacy policies that accompany such services. Delphi Technology offers no guarantees and assumes no responsibility or liability of any type with respect to the Third Party Services, including any liability resulting from incompatibility between the Third Party Services and the Materials and Services offered by Delphi Technology. You agree that you will not hold Delphi Technology responsible or liable with respect to the Third Party Services or seek to do so.
  6. USE OF CONTENT LIMITED.
    Except as expressly indicated to the contrary elsewhere on this Website, you may view, download, and print the Delphi Technology Content available on this Website subject to the following conditions:

    1. Delphi Technology Content may be used solely for personal, informational, and internal purposes.
    2. Delphi Technology Content may not be modified or altered in any way.
    3. The Delphi Technology Content on the Website may not be distributed or sold, rented, leased, or licensed to others.
    4. You may not remove any copyright or other proprietary notices contained in the Delphi Technology Content.
    5. Delphi Technology reserves the right to revoke the authorization to view, download, and print the Delphi Technology Content available on this Website at any time, and any such use shall be discontinued immediately upon notice from Delphi Technology.
    6. The rights granted to you constitute a license and not a transfer of title.
  1. TRADEMARKS.
    The trademarks, logos, and service marks (“Marks”) displayed on this Website are the property of Delphi Technology or other third parties. You are not permitted to use the Marks without the prior written consent of Delphi Technology or such third party that may own the Marks.
  2. WARRANTIES AND DISCLAIMERS.
    Except as expressly provided otherwise in a written agreement between you and Delphi Technology or you and a third party with respect to such party’s materials or services, this Website, and all Materials and Services accessible through this Website are provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, Delphi Technology makes no warranty that (i) the Services and Materials will meet your requirements; (ii) the Services and Materials will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Services or Materials will be effective, accurate, or reliable; (iv) the quality of any Products, Services, or Materials obtained or accessible by you through the Website will meet your expectations; and (v) any errors in the Services or Materials obtained through the Website, or any defects in the Website, its Services or Materials, will be corrected. Delphi Technology makes no commitment to update such Materials or Services.
  3. NO ENDORSEMENT.
    You understand and acknowledge that (i) unless expressly stated, Delphi Technology does not control, endorse, or accept responsibility for any content, products, or services offered by third parties through the Website, including, without limitation, third party vendors and third parties accessible through links on the Website; (ii) Delphi Technology makes no representation or warranties whatsoever about any such third parties, their content, products, or services; (iii) any dealings you may have with such third parties are at your own risk; and (iv) Delphi Technology shall not be liable or responsible for any content, products, or services offered by third parties.
  4. ASSUMPTION OF RISK BY YOU.
    The use of the Services or the downloading or other use of any Materials through the Website is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or computer systems within your network or computer systems you are connected to, loss of data, or other harm that results from such activities. Delphi Technology assumes no liability for any computer virus or other similar software code that is downloaded to your computer from the Website or in connection with any Services or Materials offered through the Website. No advice or information, whether oral or written, obtained by you from Delphi Technology or through or from the Website shall create any warranty not expressly stated in these Terms of Use.
  5. PERSONAL INFORMATION AND PRIVACY.
    Except as otherwise expressly set forth herein, your Personal Information will be deemed to be confidential only to the extent described on our Privacy Statement. Any non-personal information or material sent to Delphi Technology will generally be deemed to NOT be confidential. In any case, you understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of Delphi Technology or others or as otherwise described in our Privacy Statement.
  6. LIMITATION OF LIABILITY.
    In no event, including, without limitation, negligence, shall Delphi Technology, its affiliates, agents, officers, directors, employees, partners, or suppliers be liable to you or any third party for any special, punitive, incidental, indirect, or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data, or profits, whether or not Delphi Technology has been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of or the inability to use this Website, its Services, or Materials, the statements or actions of any third party on or through the Website, any dealings with vendors or other third parties, any unauthorized access to or alteration of your transmissions or data, any information that is sent or received or not sent or received, any failure to store or loss of data, files, or other content, any Services available through the Website that are delayed or interrupted, or any website referenced or linked to or from this Website.
  7. INDEMNITY AND LIABILITY.
    You agree to indemnify and hold Delphi Technology, and its affiliates, officers, directors, agents, partners and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Website, your connection to the Website, your violation of these Terms of Use, or your violation of any rights of another person or entity.
  8. GOVERNING LAW AND JURISDICTION.
    This Site (excluding linked sites) is controlled by Delphi Technology from its offices within the state of Massachusetts, United States of America. By accessing this Website, you and Delphi Technology agree that all matters relating to your access to, or use of, this Website shall be governed by the statutes and laws of the State of Massachusetts, without regard to the conflicts of laws principles thereof. You and Delphi Technology also agree and hereby submit to the exclusive personal jurisdiction and venue of the Courts within the State of Massachusetts with respect to such matters.
  9. MISCELLANEOUS.
    The Terms of Use and the other rules, guidelines, licenses, and disclaimers posted on the Website constitute the entire agreement between Delphi Technology and you with respect to your use of the Website. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by Delphi Technology to enforce or exercise any provision of these Terms of Use or related right shall not constitute a waiver of that right or provision.

© 2019, Delphi Technology, Inc. Updated February 1, 2019