Welcome to delvefonts.com!
Please read these Terms carefully; they contain provisions that affect your rights and responsibilities. By using the service, you are agreeing to these provisions.
Description of the Service
The Service of the Site is to provide information about Delve Fonts’ custom font software development services and to facilitate the sale of the font software licenses offered by Delve Fonts.
User Account Registration; Passwords
(b) Eligibility: As an express condition of being permitted to open a User Account, you represent and warrant that you (i) have the legal capacity (including, without limitation, being of sufficient age) to enter into contracts under the law of the jurisdiction in which you reside, (ii) are not on a list of persons barred from receiving services under U.S. laws (including, without limitation, the Denied Persons List and the Entity List issued by the U.S. Department of Commerce, Bureau of Industry and Security) or other applicable jurisdiction, and (iii) are not a resident of Cuba, Iran, North Korea, Sudan, or Syria.
(c) Trademarks: All trademarks, service marks, and logos included on the Site (“Marks”) are the property of Delve Fonts or third parties, and you may not use such Marks without the express, prior written consent of Delve Fonts or the applicable third party.
Your Use of the Site and Service
(b) Cancellation and Termination by You: You are solely responsible for properly canceling your User Account. If you are not a registered User, you cancel services by ceasing to visit the Site. If you have a registered account, you may cancel and unregister by email email@example.com.
(e) Prohibited Conduct: You agree not to use the Site or the Service for: (i) posting any (1) information which is incomplete, false, inaccurate, or not your own, (2) trade secrets or material that is copyrighted or otherwise owned by a third party unless you have a valid license from the owner which permits you to post it, (3) material that infringes on any other intellectual property, privacy, or publicity right of another, (4) advertisement, promotional materials, or solicitation related to any product or service that is competitive with Delve Fonts products or services, (5) software or programs which contain any harmful code, including, but not limited to, viruses, worms, time bombs, or Trojan horses; (ii) impersonating another person; (iii) engaging in or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any city, state, national, or international law or regulation, or which fails to comply with accepted Internet protocol; or (iv) transmitting or transferring (by any means) information or software derived from the Site or the Service to foreign countries or certain foreign nations in violation of US export control laws.
In addition, you agree not to violate or attempt to violate the security of the Site, the Service, or Delve Fonts’s system or network security, including, without limitation, the following: (a) accessing data not intended for users of the Site or the Service, or gaining unauthorized access to an account, server, or any other computer system; (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures; (c) attempting to interfere with the function of the Site, the Service, host, or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “mailbombing,” “crashing,” or sending unsolicited e-mail, including promotions and/or advertising of products or services; or (6) importing, uploading, or incorporating any Social Security numbers, passwords, security credentials, or sensitive personal information into Delve Fonts’s products, services, or server. Violations of the Site’s, the Service’s or Delve Fonts’s system or network security may result in civil or criminal liability.
In addition, you agree not to, directly or indirectly: (A) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Service or any software, documentation, or data related to or provided with the Service (“Software”); (B) modify, translate, or create derivative works based on the Service or Software; or copy (except for archival purposes), rent, lease, distribute, pledge, assign, or otherwise transfer or encumber rights to the Service or Software; (C) use or access the Service to build or support, and/or assist a third party in building or supporting, products, or services competitive to Delve Fonts; (D) remove any proprietary notices or labels from the Service or Software; or (E) otherwise use the Service or Software outside of the scope of the rights expressly granted herein.
(f) Your Data: You will retain ownership of any data, information, or material originated by you that you transmit through the Service ("User Content") that passes through the Service. You shall be solely responsible for the accuracy, quality, content, and legality of User Content, the means by which User Content is acquired, and the transmission of User Content outside of the Service. You represent and warrant that you have all rights necessary to transmit User Content through the Service and to otherwise have User Content used as part of the Service or as otherwise contemplated herein.
(g) Suggestions: You hereby grant to Delve Fonts a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the Site, the Service, and/or other Delve Fonts offerings any suggestions, enhancement requests, recommendations, or other feedback provided by you to Delve Fonts that is related to the Site and/or the Service.
(h) Aggregated and/or Anonymized Data. Notwithstanding anything to the contrary set forth herein or otherwise, Delve Fonts will have the right to collect and analyze data and other information relating to the provision, use, or performance of the Site and/or Service and related systems and technologies (including information concerning User Data and data derived therefrom), and to aggregate and/or anonymize all such data and information. Delve Fonts will be free at any time to: (i) use such information and data to improve and enhance Delve Fonts’s offerings; and (ii) disclose such data in aggregate or other de-identified form in connection with its business.
(j) Your Use of The Service to Send Communications: You acknowledge that (a) you exclusively are responsible for and control the timing, content, and distribution of all telephonic or electronic communications made or initiated to any person or entity in connection with your use of the Service, and (b) any such communications are made or initiated only as a result of your actions. You further warrant that all telephonic or electronic communications made or initiated in connection with your use of the Service comply with all applicable state and federal laws, including without limitation the Telephone Consumer Protection Act, before you make or initiate any telephonic or electronic communication through the Service.
(k) Export Control: You hereby represent and warrant that (i) you understand and acknowledge that some Site Content or components of the Service may be subject to export, re-export, and import restrictions under applicable law, (ii) you will not use the Site, any Site Content or the Service in a manner that violates the U.S. Export Administration Act of 1979 and the regulations of the U.S. Department of Commerce, and (iii) you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods.
Linked Websites and Services
The Site and Service contains links to third party websites and services and you agree that Delve Fonts provides links to such websites and services solely as a convenience and has no responsibility for the content or availability of such websites or services, and that Delve Fonts does not endorse such websites or services (or any products or other services associated therewith). Your use of such websites and services will be subject to the terms applicable to each such website and service.
If you are a paying customer, Delve Fonts warrants to you that it will provide the Service substantially in accordance with its documentation under normal use. In the event of any breach of such warranty, your exclusive remedy will be Delve Fonts’s re-performance of the deficient Service or, if Delve Fonts cannot re-perform such deficient Service as warranted, you may terminate your User Account as set forth above and Delve Fonts will refund your payment. You must notify Delve Fonts in writing of any warranty deficiency within 10 days from receipt of the deficient Service in order to receive the foregoing warranty remedy.
LIMITATION OF LIABILITY
(a) Warranty Disclaimer: EXCEPT AS EXPRESSLY SET FORTH IMMEDIATELY ABOVE, THE SITE, SITE CONTENT AND SERVICE ARE PROVIDED STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND DELVE FONTS MAKES NO WARRANTY THAT THE SITE, SERVICE, OR SITE CONTENT ARE COMPLETE, SUITABLE FOR YOUR PURPOSE, OR ACCURATE, AND ON BEHALF OF ITSELF AND ITS LICENSORS, DELVE FONTS HEREBY EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED, STATUTORY, OR OTHER WARRANTIES WITH RESPECT TO THE SITE, SITE CONTENT, AND SERVICE, OR THE AVAILABILITY OF THE FOREGOING, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. THE ENTIRE RISK AS TO RESULTS OBTAINED THROUGH USE OF THE SITE, SERVICE, AND/OR THE SITE CONTENT RESTS WITH YOU AND DELVE FONTS MAKES NO REPRESENTATION OR WARRANTY THAT THE AVAILABILITY OF THE SITE AND OR THE SERVICE WILL BE UNINTERRUPTED, OR THAT THE SITE, SERVICE, AND/OR THE SITE CONTENT WILL BE ERROR FREE OR THAT ALL ERRORS WILL BE CORRECTED.
(b) Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT DELVE FONTS SHALL NOT BE LIABILE TO YOU FOR ANY (A) INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY OR STATUTORY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, LOSS OR PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, OR FOR ANY COST OF COVER OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES), EVEN IF DELVE FONTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE LEGAL THEORY UNDER WHICH DAMAGES ARE SOUGHT, WHETHER IN BREACH OF CONTRACT OR IN TORT, INCLUDING NEGLIGENCE OR (B) AMOUNTS IN THE AGGREGATE THAT EXCEED THE FEES PAID BY YOU TO DELVE FONTS HEREUNDER IN THE SIX (6) MONTHS PRECEDING THE DATE THE CLAIM AROSE.
(c) Assumption of Risk: As with all situations, there are sometimes unknown individual risks and circumstances that can arise during use of the Site and Services that cannot be foreseen that can influence or reduce results. You understand that any suggestion or recommendation on or through the Site is to be taken at your own risk, and recognizing that there is a rare chance that illness, injury or even death could result, you agree to assume all risks.
Location of the Site and your Use
Delve Fonts operates or controls the operation of this Site and the Service from offices in the United States. In addition, the Site and the Service may be mirrored, and other websites operated or controlled by Delve Fonts may be located, at various locations inside and outside of the United States. Delve Fonts makes no representation or warranty that all of the features of this Site or Service will be available to you outside of the United States, or that they are permitted to be accessed outside of the United States. You acknowledge that you are solely responsible for any decision by you to use of this Site and/or the Service from other locations, and that such use may be subject to, and that you are responsible for, compliance with applicable local laws.
Agreement to Arbitrate
You and Delve Fonts each agree that any and all disputes or claims that have arisen or may arise between you and Delve Fonts relating in any way to or arising out of this or previous versions of these Terms of Service, your use of or access to Delve Fonts' Services, or any products or services sold, offered, or purchased through Delve Fonts’ Services shall be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (nonclass, nonrepresentative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND DELVE FONTS AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND DELVE FONTS AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA's Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at www.adr.org or by calling the AAA at 1-800-778-7879 (toll free). The use of the word “arbitrator” in this provision shall not be construed to prohibit more than one arbitrator from presiding over an arbitration; rather, the AAA's rules will govern the number of arbitrators that may preside over an arbitration conducted under this Agreement to Arbitrate.
A party who intends to seek arbitration must first send to the other, by certified mail, a written notice describing the nature of the dispute in reasonable detail (“Notice”). The Notice to Delve Fonts should be sent to Delve Fonts, Attn: Legal, 2717 Santa Clara Ave, Alameda, CA 94501. Delve Fonts will send any Notice to you to the physical address we have on file associated with your Delve Fonts account; it is your responsibility to keep your physical address up to date. All information called for in the Notice must be provided, including a description of the nature and basis of the claims the party is asserting and the relief sought.
If you and Delve Fonts are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or Delve Fonts may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA's site at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to Delve Fonts at the following address: Delve Fonts, 2717 Santa Clara Ave, Alameda, CA 94501. In the event Delve Fonts initiates an arbitration against you, it will send a copy of the completed form to the physical address we have on file associated with your Delve Fonts account. Any settlement offer made by you or Delve Fonts shall not be disclosed to the arbitrator.
The arbitration hearing shall be held in Alameda, California. If the value of the relief sought is $10,000 or less, you or Delve Fonts may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Delve Fonts subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or Delve Fonts may attend by telephone, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users but is bound by rulings in prior arbitrations involving the same Delve Fonts user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Costs of Arbitration
Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Agreement to Arbitrate. Any request for payment of fees by Delve Fonts should be submitted by mail to the AAA along with your Demand for Arbitration and Delve Fonts will make arrangements to pay all necessary fees directly to the AAA. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Delve Fonts for all fees associated with the arbitration paid by Delve Fonts on your behalf that you otherwise would be obligated to pay under the AAA's rules.
With the exception of any of the provisions in “Prohibition of Class and Representative Actions and Non-Individualized Relief,” if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void.
Future Amendments to the Agreement to Arbitrate
Notwithstanding any provision in these Terms of Service to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or site link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Delve Fonts prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and Delve Fonts. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on Delve Fonts at least 30 days before the effective date of the amendments and/or by email. If you do not agree to these amended terms, you may close your account within the 30-day period and you will not be bound by the amended terms.
If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, California 95814, or by telephone at (800) 952-5210 (Toll Free).
Date of Last Revision: November 5, 2019