D R D a l t o n . C O M Terms Of Use

Terms Of Use

About This Web Site

This web site is provided by David R. Dalton, an individual resident of the State of Nevada. If you use the DRDalton.COM web site, we take that as your acceptance and agreement with these Terms Of Use, which may change from time to time.

Use Of Content

We use a wide range of information, text, photographs, designs, graphics, images, sound and video recordings, animation and other materials and effects on the DRDalton.COM web site. All of these are protected by copyrights, trademarks, service marks, or other intellectual or proprietary rights owned by David R. Dalton or other third parties.

All trademarks and copyrighted information contained on the web site are the property of their respective owners.

We happily provide the content (the "Materials") on the DRDalton.COM site for your review. This can be for either individual or internal business purposes. Any other use of the DRDalton.COM web site, or the Materials, is strictly prohibited, including, without limitation, modification, republication, deletion, transmission, public performance, distribution, proxy caching, uploading, posting, reproduction, redistribution or any other dissemination, without the express written permission of David R. Dalton or the applicable rights holder.

The Materials on the DRDalton.COM site may not be used by third parties for telemarketing, direct marketing, commercial mass email or by agents or representatives or email spammers, or for any illegal purpose. Nor may you transmit to or through the DRDalton.COM web site or to or through any Service any illegal, harmful, threatening, defamatory, obscene, hateful, pornographic or other objectionable material of any kind, or to interfere with, abuse or otherwise violate the legal rights of any third party using the DRDalton.COM web site or Materials.

Disclaimers And Limits Of Liability

THE SERVICE AND THE MATERIALS ARE PROVIDED BY DAVID R. DALTON ON AN "AS IS" BASIS AND AS AVAILABLE, WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS OR IMPLIED. DAVID R. DALTON EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE OR ANY MATERIALS AND PRODUCTS.

IN NO EVENT SHALL DAVID R. DALTON BE LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR ANY CLAIMS OF THIRD PARTIES WHATSOEVER WITH RESPECT TO THE SERVICE, THE MATERIALS, THE PROMOTIONS AND THE PRODUCTS REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM ANY MISTAKE, OMISSION, VIRUS, DELAY OR INTERRUPTION IN OPERATION OR SERVICE OR FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM AN ACT OF GOD, COMMUNICATIONS FAILURE, THEFT OR UNAUTHORIZED ACCESS TO DAVID R. DALTON RECORDS. DAVID R. DALTON SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES WHATSOEVER RESULTING FROM ANY FAILURE OF THE INTERNET.

Some states do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such states liability is limited to the fullest extent permitted by law.

Copyright Disputes

If you believe that the Materials contain unauthorized reproductions of your copyrighted work, or links to sites containing unauthorized reproductions of your copyrighted work, we ask you to notify David R. Dalton by providing the following information in accordance with the Digital Millennium Copyright Act (17 U.S.C. sec. 512) identification of the work:

physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

identification of the copyrighted work claimed to have been infringed;

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 David R. Dalton to locate the material;

information reasonably sufficient to permit David R. Dalton to contact you;

a statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, agent or law;

a statement that the information in the notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Governing Law

You agree that this Agreement will be governed and construed in accordance with the laws of the State of Nevada without giving effect to principles of conflict of laws, and agree to submit to personal jurisdiction in Nevada and further agree that any cause of action arising under this Agreement shall be shall be tried and litigated exclusively in the State or Federal courts located in Clark County, State of Nevada, United States of America.