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It is as critical as ever, especially given the digital age we live in, to undertake at all times to maintain the trust of colleagues, collaborators, customers and other business constituents. That said, your privacy is important to Delphi. This Statement reflects the information practices for Delphi’s Web site. Several general areas we are trying to address with the statement are:

  • The type of information about our Web site’s users is gathered and tracked;
  • How others’ information is used, shared or otherwise processed offline;
  • How you contact us;
  • The relationship and use and direction of third party links; and
  • How to remove or change your personal information.

Despite the security procedures we employ, you should be aware that it is impossible to guarantee the security of information that you transmit to us via the Internet.

We will, to the extent possible, control your personal information, and, except as otherwise set forth in this Privacy Policy, we will not disclose your personal information to third parties. Although we are committed to maintaining the confidentiality of your personal information, if required by law, we reserve the right to disclose such information without first obtaining your consent. From time to time, we may supplement this Statement with additional information relating to a particular interaction we have with you.

Collection of Personal Information

You may, for any of several reasons and situations, choose to give us personal information. For example, to communicate with you, to order a product or process an order, to register for a service, or to do business with us if you are a supplier or a business partner. You may share a description of your education and work experience in connection with a job opening at Delphi for which you wish to be considered. If you tell us that you do not want us to use your information to make further contact with you beyond fulfilling your request, we will respect your wishes.

We may also collect information relating to your use of our Web site through the use of various technologies. For example, when you visit our Web site, we may log certain information that your browser sends us, such as your IP address, browser type and language, access time, and referring Web site addresses, and we may collect information about the pages you view within our sites and other actions you take while visiting us. In addition, some of the software products employed in our hardware may include technologies that allow Delphi to collect certain information about various matters like product use. We may also use such technologies to determine whether you've opened an e-mail or clicked on a link contained in an e-mail. Collecting information in this manner allows us to collect statistics about the usage and effectiveness of our Web site, personalize your experience and tailor our interactions with you. For details regarding the technologies we employ, see the information about cookies and other technologies below.

From time to time, we may also collect information that pertains to you indirectly through other sources, such as list vendors. When we do so, we ask the vendors to confirm that the information was legally acquired by the third party and that we have the right to obtain it from them and use it.

The information that we collect, either directly or indirectly, may be combined to help us improve its accuracy and completeness and to help us tailor our interactions with you.

Personal Information

If you request something from Delphi, we will use the information you provide to fulfill your request. To help us do this, we may share information with others, for instance, Delphi's business partners, financial institutions, shipping companies, or postal or government authorities, such as Customs authorities, involved in fulfillment. In connection with a transaction, we may also contact you as part of our customer satisfaction surveys or for market research purposes.


We may use information we collect about you to provide you with a personalized experience on our Web site, such as providing you with content in which you may be interested and making navigation on our sites easier.

 

We may also use your personal information to support products or services you have obtained from us, such as notifying you of a product update or fix.

 

If we ever should use “chat sessions,” we will use personal information you provide via these sessions in accordance with this Privacy Statement.

 

In the course of providing technical support to you, we may sometimes have incidental access to data that you have provided to us or data that is located on your system. This data may contain information about you, your organization’s employees, customers, partners, or suppliers. This Privacy Statement does not apply to our access to or handling of this information; the conditions regarding the handling and processing of that data is covered by the applicable Terms of Use or other agreements between you and Delphi.

 

The information you provide to Delphi, as well as the information we have collected about you indirectly, may be used by Delphi for marketing purposes. However, we will undertake to offer you the opportunity to choose whether or not to have your information used in this way. You may at any time choose not to receive marketing materials from us by following the unsubscribe instructions included in each e-mail you may receive, by indicating so when we call you, or by contacting us directly (please refer to “Privacy Questions and Access” below).

 

Some of our offerings may be co-branded, that is sponsored by both Delphi and third parties. If you sign up for these offerings, be aware that your information may also be collected by and shared with those third parties. We encourage you to familiarize yourself with their privacy policies to gain an understanding of the manner in which they will handle information about you. If you choose to “Email This Page” to a friend or colleague, we will ask for their name and e-mail address. We will automatically send a one-time e-mail sharing the page you indicated, but will not use that information for other purposes.

 

In connection with a job application or inquiry, whether advertised on a Delphi Web site or otherwise, you may provide us with information about yourself, such as a resume. We may use this information throughout Delphi in order to address your inquiry or consider you for employment purposes. Unless you tell us not to do so, we may keep the information for future consideration.

 

Certain online transactions may involve you calling us or us calling you. They may also involve online chats. Please be aware that Delphi may monitor and in some cases record such interactions.

 

To the extent that Delphi provides any “social computing tools” to enable online sharing and collaboration among members who have registered to use them, such as forums, blogs and other social media platforms, you may be asked to provide certain personal information. Registration information will be subject to and protected in accordance with this Privacy Statement, except for the information that is automatically made available to other participants as part of your profile. These applications and tools may also include supplemental privacy statements with specific information about collection and handling practices. Read those supplemental statements to understand what the tools and applications may do.

 

Any other content you post, such as pictures, information, opinions, or any other type of personal information that you make available to other participants on these social platforms or applications, is not subject to this Privacy Statement.

 

We may also use or share your information to protect the rights or property of Delphi, our business partners, suppliers, clients, or others when we have reasonable grounds to believe that such rights or property have been or could be affected. In addition, we reserve the right to disclose your personal information as required by law and when we believe that disclosure is necessary to protect our rights, or the rights of others, or to comply with a judicial proceeding, court order, or legal process served on our Web sites.

 

If you represent a Delphi business partner, you may visit a Delphi Web site intended specifically for Delphi business partners. We may use information provided on that site to administer and develop our business relationship with you, the business partner you represent, and Delphi business partners generally. For instance, this may involve using your information to send you details of Delphi business partner programs. It may also include sharing certain information with other business partners (subject to any confidentiality obligations that may exist), or Delphi customers or prospects. In connection with a particular transaction or program, we may also contact you as part of customer satisfaction surveys or for market research purposes.

 

If you represent a Delphi supplier, you may visit a Delphi Web site intended specifically for use by Delphi suppliers. We may use the information provided on that site in connection with entering into or performing a transaction with you. For example, this may include sharing information with other parts of Delphi, Delphi's business partners, customers, shipping companies, financial institutions and postal or government authorities involved in fulfillment. It may also be used to administer and develop our relationship with you, the supplier you represent, and other Delphi suppliers generally.


Delphi may share information about you within Delphi and transfer it to countries in the world where we do business in connection with the uses identified above and in accordance with this Privacy Statement. From time to time, we may disclose information that identifies you at an individual level and which we collected on our Web sites to other non-Delphi entities that are not acting as our suppliers, such as our third party distributors or business partners. Except as described in this Privacy Statement, we will only do so with your prior consent. We do not sell or lease such information however.

 

Circumstances may arise where, whether for strategic or other business reasons, Delphi decides to sell, buy, merge or otherwise reorganize businesses in some countries. Such a transaction may involve the disclosure of personal information to prospective or actual purchasers, or the receipt of such information from sellers. It is Delphi’s practice to seek appropriate protection for information in these types of transactions.

 

Please be aware that in certain circumstances, personal information may be subject to disclosure to government agencies pursuant to judicial proceeding, court order, or legal process. We may also share your information to protect the rights or property of Delphi, our business partners, suppliers or clients, and others when we have reasonable grounds to believe that such rights or property have been or could be affected.


Information Security and Accuracy

We intend to protect your personal information and to maintain its accuracy. Delphi implements reasonable physical, administrative and technical safeguards to help us protect your personal information from unauthorized access, use and disclosure. For example, we encrypt certain sensitive personal information such as credit card information when we transmit such information over the Internet. We also require that our suppliers protect such information from unauthorized access, use and disclosure.

 

Retention

We will retain your registration information. Generally, Delphi will keep the information that you provide us for as long as is reasonably necessary to achieve the purpose for which you provided it to us, or to the extent necessary for Delphi to protect its rights, or as required by applicable laws. Further, to the extent needed, we will retain the information for as long as your account is active or as needed to provide you services. If you wish to request that we no longer use your registration information to provide you services, please contact us. We will have and reserve the right to retain and use your registration information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

 

Cookies, Web Beacons and Other Technologies

As mentioned above, we collect information from your visits to our Web site through the use of various technologies, including one called "cookies." A cookie is a piece of data that a Web site can send to your browser, which may then be stored on your computer as a tag that identifies your computer. While cookies are often only used to measure Web site usage and effectiveness and to allow for ease of navigation or use and, as such, are not associated with any personal information, they are also used at times to personalize a known visitor's experience to a Web site by being associated with profile information or user preferences.

 

Most browsers, by default, automatically permit cookies, but also give you the ability to control the majority of cookies, including whether or not to accept them and how to remove them. Look under the heading "Tools" (or similar heading) in your particular browser for information about controlling cookies. You can set your browser in most instances to notify you before you receive a cookie, giving you the chance to decide whether to accept it or not. You can also generally set your browser to turn off cookies. Cookies in our software products can be turned off in the product itself. If you block, turn off or otherwise reject our cookies, some Web pages may not display properly or you will not be able, for instance, to use any Web site services that require you to sign in. Delphi’s web site may also use Web beacon or other technologies to better tailor those sites to provide better customer service. When a visitor accesses these pages, a non-identifiable notice of that visit is generated which may be processed by us or by our suppliers. These Web beacons usually work in conjunction with cookies. If you don't want your cookie information to be associated with your visits to these pages or use of these products, you can set your browser to turn off cookies or turn off cookies in the product itself, respectively. If you turn off cookies, Web beacon and other technologies will still detect visits to these pages; however, they will not be associated with information otherwise stored in cookies. We may also include Web beacons in marketing e-mail messages or our newsletters in order to determine whether messages have been opened and links contained within clicked on. We do not control third party tracking technologies.

Online Advertising

Delphi does not deliver third party online advertisements on our Web sites but we may advertise our products and services on others' Web sites. Please familiarize yourself with those Web site operators' or network advertisers' privacy policies to understand their practices relating to advertising, including what type of information they may collect about your Internet usage. Delphi does not provide any information relating to your usage of Delphi Web sites to Web site operators or network advertisers. We may also engage with certain third parties to manage some of our advertising on other sites. These third parties may use cookies and Web beacons to collect information (such as your IP address) about your activities on Delphi's and others' Web sites to provide you targeted Delphi advertisements based upon your interests.

 

Links to Non-Delphi Web Sites and Third Party Applications

For your convenience, our website may contain links to third party websites whose information practices may be different from ours and which are governed by their own privacy procedures, policies and security measures. For instance, we may provide links to product literature, reviews, articles and events offered or hosted by third parties. If you choose to visit any linked websites, you should be certain that you understand the applicable privacy policies, data protection standards and security procedures before you submit any information via those sites, as we have no control over data submitted to, or collected by, these third parties.

 

Delphi is not responsible for the privacy practices or the content of those other Web sites.

 

Notification of Changes

We will post a notice for 30 days at the top of this page notifying users when this Privacy Statement is updated or modified in a material way. If we are going to use your personal information in a manner different from that stated at the time of collection, we will notify you, and you will have a choice as to whether or not we can use your personal information in such a way.

 

Privacy Questions and Access

If you have a question about this Privacy Statement or Delphi's handling of your information, you can send an email to info@delphidisplay.com or contact us at: Delphi Display Systems, Inc., 3550 Hyland Avenue, Costa Mesa, CA 92626

 

In certain cases, you may have the ability to view or edit your personal information online. In the event your information is not accessible online, and you wish to obtain a copy of particular information you provided to Delphi, or if you become aware the information is incorrect and you would like us to correct it, please contact us as indicated above.

 

Before Delphi is able to provide you with any information or correct any inaccuracies, however, we may ask you to verify your identity and to provide other details to help us to respond to your request. If you no longer wish to receive marketing e-mails from Delphi, please send an e-mail to info@delphidisplay.com and follow the unsubscribe instructions included in each marketing email.



TERMS OF USE

Effective Date: October 1, 2013  
 
Please Read Carefully Prior to Using This Website
 
The following are terms of a legal agreement between you and Delphi. By accessing, browsing, or using this Web site, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. If you do not agree to these terms, please do not use this Web site.

Delphi may, without notice to you, at any time revise these Terms of Use and any other information contained in this Web site. Delphi may also make improvements or changes in the products, services, or programs described in this site at any time without notice.
 

General

This Web site contains proprietary notices and copyright information, the terms of which must be observed and followed. This site and all content in this site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used for the creation of derivative works without Delphi's prior written consent, except that Delphi grants you non-exclusive, non-transferable, limited permission to access and display the Web pages within this site, solely on your computer and for your personal, non-commercial use of this Web site. This permission is conditioned on your not modifying the content displayed on this site, your keeping intact all copyright, trademark, and other proprietary notices, and your acceptance of any terms, conditions, and notices accompanying the content or otherwise set forth in this site. Notwithstanding the foregoing, any software and other materials that are made available for downloading, access, or other use from this site or otherwise from Delphi with their own license terms, conditions, and notices will be governed by such terms, conditions, and notices.  

Your failure to comply with the terms, conditions, and notices on this site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control. Except for the limited permission in the preceding paragraph, 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 mirror any of the content from this site on another Web site or in any other media.  

Certain disclaimers

Information on this Web site is not promised or guaranteed to be correct, current, or complete, and this site may contain technical inaccuracies or typographical errors. Delphi assumes no responsibility (and expressly disclaims responsibility) for updating this site to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products, or other matters described in this site.  

Delphi provides no assurances that any reported problems will be resolved by Delphi, even if Delphi elects to provide information with the goal of addressing a problem.  

The servers that host this Website are located in the United States, and any personal details you provide us will be processed by us in the United States. For information about the way in which we use, process and share personal information that we may obtain about you, please refer to our Privacy Policy at www.delphidisplay.com  
 
By using this Website, you agree that the law of the State of California, without regard to its conflict of laws principles, will govern all matters between you and Delphi with respect to your use of this Website. Disputes are to be resolved as provided in these Terms of Use below.
 
This Website and the information contained herein are not intended to be an advertisement or solicitation of business, but it may be considered an advertisement in some jurisdictions.
 
Except for historical information and discussions, statements set forth throughout this web site may constitute forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995 or other applicable laws. These statements involve a number of risks, uncertainties, and other factors that could cause actual results to differ materially, as discussed in Delphi’s investor related information or documents soliciting investments, or in any filings with the U.S. Securities and Exchange Commission. Information presented on Delphi websites that is in conflict with any information disclosed to investors is to be controlled by the investor presented information and investors should rely only on materials authorized and presented to a prospective investor directly by Delphi.
 

Confidential information

Delphi does not want to receive confidential or proprietary information from you through our Web site. Please note that any information or material sent to Delphi will be deemed NOT to be confidential. By sending Delphi any information or material, you grant Delphi an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information. You also agree that Delphi is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. However, we may release your name or otherwise publicize the fact that you submitted materials or other information to us if: (a) we obtain your permission; or (b) we first notify you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or (c) we are required to do so by law. Personally-identifiable information that you submit to Delphi for the purpose of receiving products or services will be handled in accordance with our privacy policies.
 

Intellectual Property Rights

All content, text, images, data, information and other material displayed, available or present on this Website (“Content”), including any intellectual property rights in such Content (including without limitation trademarks and copyrights) (hereinafter “Intellectual Property Rights”), are the property of Delphi, its affiliates, its licensors or the designated owners, and are protected by applicable intellectual property laws. You should assume that everything you see or read on this Website is copyrighted unless otherwise noted and may not be used without our written permission, except as otherwise provided in
these Terms of Use.
 
You may access, use and display this Website on a single computer only and download and print copies of the Content only for noncommercial, informational, personal use, without modification or alteration in any way, and only so long as you comply with these Terms of Use and applicable laws. Except as may otherwise be expressly authorized by these Terms of Use, you may not otherwise reproduce, sell, publish, distribute, modify, display or use any of this Website or the Content without our prior written permission. If this Website permits the emailing of certain Content or a link through the use of an “email to a friend” (or similar) icon, you may send that particular Content or link to others by email, as indicated. You agree not to infringe upon any Intellectual Property Rights or remove or modify related proprietary notices contained in this Website or the Content.
 
Except as provided in our Privacy Policy, any Content that you submit to this Website or to us (“User Content”) will be deemed to be non-confidential and may be disclosed through this Website to unknown persons on a worldwide basis without control by Delphi, including for browsing, downloading, printing and other uses by such other persons or entities. You agree not to submit User Content to this Website or to us except for Content that is fully authorized for purposes of this Website and these Terms of Use. It is your obligation to determine the extent to which User Content you submit is protected by applicable intellectual property laws. You agree that Delphi shall have, and hereby grant to Delphi, a worldwide, royalty-free, perpetual, irrevocable, sublicenseable, non-exclusive right and license to translate, reproduce, sell, publish, distribute, modify, adapt, display, perform, promote, link to or use, in any form or media, any User Content that you submit to this Website or to us. Delphi does not endorse any User Content, or third party product or service that may appear on this Website. Nothing in these Terms of Use shall obligate us to use any User Content you submit or permit the posting of such Content on this Website.
 

Registration and Passwords  

At times, we may or may not require you to have a password and provide registration details to access this Website or portions of this Website. If we do require a password and registration details, the details you provide must be correct, current and complete. If we believe that the details are not correct, current and complete, we have the right to refuse you access to the Website, or any of its resources, and to terminate or suspend your account, if any. You are responsible for maintaining the confidentiality of any password(s) you are given to access this Website or any portion hereof, and you are fully responsible for all activities that occur under your password(s). You agree to notify us immediately of any unauthorized use of your password(s). We reserve the absolute right not to issue a password to any person or entity.  
 

Compliance With the Digital Millennium Copyright Act  

Delphi respects the rights of all copyright holders, and in this regard we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users of this Website who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our web manager at jrivero@delphidisplay.com the following information required by the Digital Millennium Copyright Act, 17 U.S.C. Section 512:
 
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;  

(b) Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
 
(c) Identification of the Content 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 the information reasonably sufficient to permit us to locate the Content;
 
(d) Information reasonably sufficient to permit us to contact the complaining party;
 
(e) A statement that the complaining party has a good faith belief that the use of the Content in the manner complained of is not authorized by the copyright owner, its agent or the law;
 
(f) 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 of an exclusive right that is allegedly infringed.
 

Website Administration

Your use of this Website shall be in accordance with any and all procedures, forms, formats, displays and operating times that may be determined, specified or modified by Delphi in its discretion. You are responsible for all software, hardware, interconnections, fees, expenses, costs and taxes for you to access or use this Website.  
 
At this time, we do not charge a fee to use this Website, but we reserve the right to impose or modify fees in connection with use of this Website (or portions of this Website) at any time without liability. Payment of any such fees shall be due and payable thirty (30) days from the date of invoice unless otherwise agreed by you and Delphi or unless otherwise required by us. Delphi shall endeavor to issue a general notice on this Website with regard to any imposition of fees or modifications to this Website.
 
Delphi may in its discretion modify, edit, translate, suspend, restrict access to or terminate this Website, these Terms of Use, the Content, the Network or any other link at any time without liability or prior notice. Delphi may in its discretion terminate the browsing of, registration with and use of this Website by any user at any time without liability or prior notice for any reason, including for any breach of these Terms of Use.
 

Good Samaritan Policy

It is our policy not to tolerate any acts of intellectual property infringement or violations of federal or state law. We will, in good faith, make our best efforts to remove, disable or restrict access to the availability of Content on the Website that, in our subjective view, is obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable, whether or not such material is constitutionally protected. This provision does not impose upon Delphi any contractual obligation to undertake, or refrain from undertaking, any particular course of conduct, or to monitor the Website.
 

Import/Export Control

You agree not to submit any Content to this Website or commit any act involving the transfer of information relating to any Content in violation of applicable import/export control, espionage or national security laws.
 

Compliance

You agree to comply with all applicable laws in connection with your use of this Website.
 

Unsuitable Content and Conduct

You will not engage in conduct or submit to this Website any Content or other material that is illegal, inaccurate, misleading, misappropriated, infringing, dilutive, defamatory, obscene, offensive or otherwise objectionable. You will not cause damage, embarrassment or adverse publicity to Delphi.
 

Functional Compatibility and System Abuse

If any portion of the Website accepts the submission of User Content, you will submit only User Content and material that is functionally and technically compatible with this Website. You will not attempt to and will not damage, corrupt, tamper with or infect this Website, the Content or any information or telecommunication system of Delphi with a virus or other malicious computer program. You will only use this Website for the permitted purposes stated in these Terms of Use and will not engage in abusive activity with respect to this Website. Without limiting the generality of the foregoing, you agree not to send, create or reply to so-called “mailbombs”; engage in “spamming”; or undertake any other activity that may adversely affect the use or enjoyment of this Website by any person. You are prohibited from using any services or facilities provided in connection with this Website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password-guessing programs, cracking tools or network-probing tools) is strictly prohibited. If you become involved in any violation of system security, Delphi reserves the right to release your details to system administrators at other sites and law enforcement authorities to assist them in resolving security incidents.  
 

Your Cooperation and Notification

You agree to cooperate with all reasonable requests of Delphi and will notify us promptly upon learning of any actual or suspected breach of these Terms of Use by you or unauthorized use or abuse of this Website.
 

Third Party Sites and Other Information

This Website may contain, as a convenience to you, Content, links and other information submitted by third parties over whom Delphi has no control or responsibility, as well as translations thereof that we may arrange. Delphi has no obligation to monitor, control or restrict the use of this Website (including the network) or third party websites accessible via links on this Website. These third party sites are not under our control, and you acknowledge that (whether or not such sites are affiliated in any way with Delphi) Delphi is not responsible for the accuracy, copyright compliance, legality, decency or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by Delphi or any association with its operators. Moreover, we have no obligation to verify any User Content submitted by a user or to provide any registration or other information to you concerning any Content.

Warranty Disclaimers  

THIS WEBSITE, ITS CONTENT AND ITS LINKS ARE PROVIDED ON AN “AS IS” BASIS AND ARE USED ONLY AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. DELPHI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THIS WEBSITE (INCLUDING ITS CONTENT, HARDWARE, SOFTWARE AND LINKS), INCLUDING ANY IMPLIED WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, RESULTS, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SECURITY AND FREEDOM FROM COMPUTER VIRUS. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.  
 
THIS WEBSITE CONTAINS NO PRODUCT WARRANTIES. NO PRODUCT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, IS AVAILED BY USE OR REFERENCE TO THE DELPHI WEBSITE; ANY AND ALL DELPHI PRODUCT WARRANTIES ARE DIRECTLY AND NEGOTIATED, ON TERMS PROVIDED BY DELPHI AND MADE AVAILABLE ONLY UNDER THE TERMS OF SALE FOR THE PARTICULAR PRODUCT VIA CONTRACT BETWEEN DELPHI AND A CUSTOMER, AND ANY AND ALL OTHER WARRANTIES ARE EXPRESSLY DISCLAIMED.
 

Limitations on Liability and Remedies

DELPHI'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH DELPHI (INCLUDING WITHOUT LIMITATION YOUR USE OF THE WEBSITE) IS TO DISCONTINUE YOUR USE OF THE WEBSITE. DELPHI AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THIS WEBSITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OR REGISTRATION WITH DELPHI. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF DELPHI HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS DELPHI AND IT’S VENDORS’ LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN ANY EVENT, IF ANY OF THE ABOVE PROVISIONS IN THIS SECTION ARE NOT ENFORCEABLE IN AN APPLICABLE JURISDICTION, THE MAXIMUM LIABILITY OF DELPHI WILL BE LIMITED TO, IN THE SOLE DISCRETION OF DELPHI, EITHER THE (1) CORRECTION OR DELETION OF ANY INACCURATE CONTENT OR LINK, OR (2) REFUND OF ANY FEES FOR THIS WEBSITE RECEIVED BY DELPHI FROM YOU. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.
 

Indemnification

You agree to defend, indemnify and hold harmless Delphi and its affiliates, officers, directors, employees and contractors from any demands, claims, damages, liabilities, expenses or harms, including attorneys fees, arising in connection with your use of this Website, online conduct, breach of these Terms of Use, or dealings or transactions with other persons resulting from use of this Website.  
 

Miscellaneous

Separate Terms and Conditions

Additional or different terms, conditions, and notices may apply to specific materials, information, products, software, and services offered through this Web site. In the event of any conflict, such additional or different terms, conditions, and notices will prevail over these terms. From time to time in connection with your use of and/or access to Content contained in certain areas of this Website, it may be necessary for you to consent to policies or terms and conditions in addition to these Terms of Use. You should read carefully any such additional terms and conditions before making any use of such Content or areas of this Website. Any such terms will not vary or replace these Terms of Use regarding any use of this Website, unless otherwise expressly stated.  
 

Privacy Policy

Delphi is concerned about privacy and has developed a policy to address privacy concerns. You can find the current privacy policy at: www.delphidisplay.com/privacy-terms (the “Privacy Policy”). The Privacy Policy is hereby incorporated into these Terms of Use by reference and constitutes a part of these Terms of Use. Conflict with these Terms of Use and the Privacy Policy are controlled by these Terms of Use.
 

Dispute Resolution; Applicable Law and Forum

Delphi has no obligation to become involved in any dispute between a user and any other person. This Website, these Terms of Use and any dispute arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of the state of California without regard to its conflict of law principles. Delphi and you agree that all disputes arising under this agreement will be settled exclusively through confidential binding arbitration in Orange County, California, pursuant to the Rules of Arbitration (“Rules”) of the American Arbitration Association (“AAA”) by a sole arbitrator nominated by agreement of you and Delphi and confirmed in accordance with the Rules. The arbitrator’s award shall be binding and may be entered as a judgment in a court of competent jurisdiction. You agree that Delphi is entitled to obtain preliminary injunctive relief to the extent allowed by law to enforce any of the terms of these Terms of Use pending a final arbitral decision.
 

Modification of Terms of Use, Etc.

These Terms of Use and the Privacy Policy referenced herein constitute the complete agreement between you and Delphi with respect to their subject matter and supersede any prior agreement or communication. These Terms of Use are subject to change from time to time. Delphi will endeavor to post a notice of any changes to these Terms of Use for a period of thirty (30) days following any such modifications. Therefore, you are advised to review these Terms of Use occasionally, or at least every thirty (30) days. Your continued use of this Website subsequent to our notice of modification of these Terms of Use shall constitute your acceptance of the modified Terms of Use. If any term or provision of these Terms of Use shall be found to be invalid, illegal or otherwise unenforceable, such finding shall not affect the other terms or provisions of these Terms of Use, or the whole of these Terms of Use, but such term or provision shall be deemed modified to the extent necessary to render such term or provision enforceable, and the rights and obligations of you and Delphi shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements set forth in these Terms of Use. Your obligations pursuant to these Terms of Use shall survive termination of this Website, any use by you of this Website, any User Content on this Website or these Terms of Use.
 

Contact Information

If you have any questions regarding these Terms of Use or this Website, please contact us by email at info@delphidisplay.com