Terms and Conditions

User Agreement with www.deltaeightyeight.com

Welcome to www.deltaeightyeight.com (hereinafter, “the Website”)! Our Website is comprised of various web pages operated by Delta Eighty-Eight, LLC (hereinafter “the Company”). Permission to use this Website is conditioned upon your acceptance of the terms, conditions, disclaimers, and notices (e.g., “The Terms and Conditions”) contained herein, withoutexception. Your use of the Website constitutes your agreement to all such terms and conditions. Please read the terms and conditions carefully, and retain a paper copy of them for your records. 

Please be advised that www.deltaeightyeight.com is an E-commerce site. 

Privacy

Your use of the Website is subject to the Company’s Privacy Policy. Please review our Privacy Policy, which informs users of our data collection practices. 

Electronic Communication

Visiting our Website, or sending emails via the Deltaeightyeight.com domain, constitute forms of electronic communication. You hereby consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing. 

Your Account

Use of this Website

At all times when using the Website, it is your responsibility to maintain the confidentiality of  your account information and password, and for restricting access to your computer and its contents. You hereby agree to accept responsibility for all activities that occur via your account, under your username and password. You may not assign or otherwise transfer your account to any other person or entity. You hereby acknowledge that the Company (Delta Eighty-Eight, LLC) is not responsible for third-party access to your account resulting from theft or misappropriation of your account. The Company, its proprietors, and associates, reserve the right, within our sole discretion, to refuse or cancel service, terminate accounts, or remove or edit content. 

The Company does not knowingly collect, either online or offline, personal information from persons under the age of 13, and expressly prohibits individuals under the age of 18 from using the Website. 

Cancellations and Refund Policy

Providing our customers with premium products and customer service is our utmost goal at Delta-88. However, due to the nature of our products, all sales made via the Website are final. Orders may be cancelled within 24-hours if they have not already been shipped to the Purchaser. Refunds for cancelled orders will be made in full, minus a 15% handling fee. Please email us at contact@deltaeightyeight.com with any product inquiries or concerns, or to discuss any potential issues you may have encountered. We will do our best to resolve any problems and ensure your ultimate satisfaction!

Links to Third-Party Sites and Third-Party Services

Our Website may contain links to other websites, owned or controlled by third-parties with no direct affiliation to Delta Eighty-Eight (e.g., “Linked Sites”). Linked sites are not under the control of Delta Eighty-Eight, and our Company is not responsible for the contents of any linked site, including, without limitation, any link contained in a Linked Site, or any subsequent changes or updates to a Linked Site. Delta Eighty-Eight provides these links solely as a convenience to our Website visitors. Inclusion of any link does not imply endorsement by Delta Eighty-Eight or any association with its operators. 

Certain services made available via www.deltaeightyeight.com may be delivered by third-party sites or organizations. By using any product, service or functionality originating from the Delta Eighty-Eight, LLC domain, you hereby acknowledge and consent that the Company may share such information and data with any third party with whom Delta Eighty-Eight, LLC has a contractual relationship to provide the requested product, service, or functionality on behalf of our Website’s users and customers. 

No Unlawful or Prohibited Use, and Intellectual Property

Authorized users of www.deltaeightyeight.com are granted a non-exclusive, non-transferable, revocable license to access and use the Website strictly in accordance with the terms of use identified herein. As a condition of your use of the Website, you warrant to Delta Eighty-Eight, LLC that you will not use the Website for any unlawful purposes, or for purposes prohibited by the terms listed herein. You may not use the Website in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the site. 

All content included as part of the Website, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Delta Eighty-Eight or its respective owners, and is protected by copyright and other laws designed to protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content, and not to make any changes or alterations thereof. 

Delta Eighty-Eight, LLC content is not for resale. By using our Website, you agree not to modify, publish, transmit, reverse engineer, participate in the transfer or sale, create  derivative works, or in any way exploit any of the content, in whole or in part, found on the Website. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. Your use of the content of our Website is limited solely for personal use, and you agree to make no other use without the express written permission of Delta Eighty-Eight, LLC and any respective copyright owner(s). You agree that you do not acquire any ownership rights in any protected content. Our Company does not grant you any licenses, express or implied, to the intellectual property of Delta Eighty-Eight or our licensors, except as expressly authorized by these Terms. 

Use of Communication Services

The Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. 

By way of example, and not as a limitation, you agree that, when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others. Additionally, you agree not to publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, malware, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular communication Ser4vice; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations. 

Delta Eighty-Eight, LLC has no obligation to monitor the Communication Services on www.deltaeightyeight.com. However, the Company reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The Company reserves the right to terminate your access to any and all of the Communication Services at any time without notice for any reason whatsoever. 

Delta Eighty-Eight, LLC reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, within the Company’s sole discretion. 

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Delta Eighty-Eight, LLC does not control or endorse the content, messages or information found in any Communication Service and, therefore, the Company specifically disclaims any liability with regard to the Communication Services, and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Company spokespeople, and their views do not necessarily reflect those of Delta Eighty-Eight, LLC, its investors, employees, proprietors or affiliates. 

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload such materials. 

Materials Provided to or Posted on the Website

Delta Eighty-Eight, LLC does not claim ownership of the materials posted to or provided by third parties to the Website or associated services, including feedback and suggestions, posts, uploads, inputs or submissions of any kind (collectively, “submissions”). However, by posting, uploading, inputting, providing or submitting your Submission, you are granting Delta Eighty-Eight, LLC, our affiliates and sublicensees permission to use your Submission in connection with the operation of the Website and associated Internet businesses, including, without limitation, the rights to copy, disseminate, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission, and to publish your name, username, or avatar in connection with your Submission.

No compensation will be paid or owed with respect to the use of your Submission, as outlined herein. The Company is under no obligation to post or use any Submission which you may or may not have provided, and may remove any Submission at any time within our the sole discretion of Delta Eighty-Eight, LLC or its proprietors.

By posting, uploading, inputting, providing or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your submission as described herein, without limitation, including all necessary rights for you to provide, post, upload, input or submit the Submissions. However, upon making your Submission on the Website, you thereby relinquish all rights thereto. 

Third Party Accounts

You will be able to connect your Delta Eighty-Eight account to third-party accounts. By connecting your Delta Eighty-Eight account to your third-party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on any third party sites). If you do not want information about you to be shared in this manner, do not use this feature. 

International Users

The Website is controlled, operated, and administered by Delta Eighty-Eight, LLC from within the USA. If you access the Website from a location outside of the USA, you are responsible for compliance with all laws from within the jurisdiction in which you are located, including local, regional (state), and local laws. You hereby agree that you will not use content accessed through the Website within any country or in any manner prohibited by any applicable laws, restrictions, or regulations. 

Indemnification

You agree to indemnify, defend and hold harmless the Company, its proprietors, directors, employees, agents and third parties, for any losses, costs liabilities and expenses (including attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, and user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Delta Eighty-Eight, LLC in asserting any available defenses. 

Arbitration

In the event that the parties are unable to resolve any disputes between them arising out of and/or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other comfort, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties in a location mutually agreed upon by the parties. The arbitrator’s award should be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHERONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. 

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, CHANGES ARE ALSO PERIODICALLY ADDED TO THE INFORMATION HEREIN. DELTA EIGHTY-EIGHT, LLC AND/OR ITS PROPRIETORSMAY MAKE IMPROVEMENTS AND OR/CHANGES TO THIS SITE AT ANY TIME. 

THE COMPANY, AND/OR ITS PROPRIETORSMAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE COMPANY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DELTA EIGHTY-EIGHT, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHIC OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY OR MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. 

Termination and Access Restriction

Delta Eighty-Eight, LLC reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New Mexico and you hereby consent to the exclusive jurisdiction and venue of New Mexico courts in all disputes arising out of or relating to the use of the Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this Section. 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Delta Eighty-Eight, LLC as a result of this agreement or use of the Website. Performance of this agreement by the Company is subject to existing laws and regulations, and nothing contained in this agreement compromises the Company’s ability to abide by the law and to comply with court and law enforcement requests or requirements in relationship with your use of the Website, or information provided to or gathered by the Company with respect to such use. If any part of this agreement is deemed invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. 

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Delta Eighty-Eight, LLC with respect to the Website. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and the Company with respect to the Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English. 

Changes to Terms

Delta Eighty-Eight, LLC reserves the right, within its sole discretion, to change the Terms under which the Website is offered. The most current version of the Terms will supersede all previous versions. Delta Eighty-Eight encourages you to periodically review the Terms to stay informed of our policy updates. 

Contact Information

Our Company welcomes your questions or comments regarding the agreements, disclaimers, terms and conditions regarding use of our website and the purchase and sale of our products. 

Please feel free to contact Delta Eighty-Eight, LLC with any comments, questions or concerns:

Phone: (505) 847-8588

Email: Contact@deltaeightyeight.com