The following terms and conditions shall govern the services provided to you by DeLuca Enterprises, Inc. (“DeLuca”) from this web site (the “Site”).

DeLuca shares a common goal with every homeowner; to build a home offering value and personal satisfaction. DeLuca provides information and services from the Site to help reach this goal.

By accessing and using this Site, you acknowledge that you understand these Terms and Conditions, and that you accept them and agree to be legally bound by them. You should not use this Site if you have any objections to any of these Terms and Conditions.

DeLuca may revise these Terms and Conditions over time as new features are added to the Site or as Internet law and standards evolve. We will post those changes prominently but we do recommend that you read these Terms and Conditions each time you visit the Site.

1.  Copyright and Permissions
Please feel free to browse the Site. You may download or make single copies of materials displayed on the Site for your own personal and noncommercial use, provided all copies retain the copyright and other proprietary notices displayed with the materials on the Site.

You may not download, transmit, copy or otherwise make available any material from the Site, including any text or images, for public or commercial use, without the prior written permission of DeLuca. You also may not distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer or sell any material contained on the Site without our prior written permission.

None of the material contained on the Site (including all software, HTML code and other code) may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo-reproduction, recordation or otherwise), resold or redistributed without the prior written permission of DeLuca.

Except as otherwise noted, all content of the Site is:

     ©2009 DeLuca Enterprises, Inc.
     All Rights Reserved

For further information regarding permission to use material, please contact us. We can be reached by e-mail at: info@delucahomes.com.


2.  Trademarks/Service Marks
The trademarks, logos and service marks (collectively the “Marks”) displayed on the Site are the Marks of DeLuca. The Marks identify DeLuca products and services, and inform the public that DeLuca is the source of those products and services. Nothing contained on the Site should be construed as granting any right or license to use any Mark displayed on the Site. Your misuse of any Mark is strictly prohibited, including without limitation, your use of the Marks in any of the following ways:

•		To identify or in connection with a non-DeLuca product or service.
•		In, as, or part of your own trademarks or services marks.
•		In an manner likely to cause confusion.
•		In a manner that implies inaccurately that DeLuca sponsors, endorses or is otherwise connected with your products, services or other activities.
•		In a manner that disparages DeLuca or dilutes the Marks.

You are also advised that DeLuca will aggressively enforce its intellectual property rights to the fullest extent of the law. You agree not to display or otherwise inappropriately use the Marks without prior written permission from DeLuca. Please make such requests by e-mail: info@delucahomes.com. We will evaluate your request and respond as soon as possible.


3.  Fair Use & Proper Attribution of Marks
You may make fair use of the Marks in news, advertising and promotional materials, and in referring to our products and services (for example, in a consumer magazine article) without our permission, provided you follow standard trademark usage practices and provide proper attribution. Other uses require prior written permission from DeLuca. Please make such requests by e-mail: info@delucahomes.com. We will evaluate your request and respond as soon as possible. When you use the Marks, please include the following brief statement of attribution:

     “DeLuca Homes is the trademark of DeLuca Enterprises, Inc.”


4.  Intellectual Property – Limitation of Liability
DeLuca respects the intellectual property of others, and we ask visitors to the Site to do the same. If you believe that your work has been used in a way that constitutes copyright infringement, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to DeLuca's designated Copyright Agent:

1.	Identification of the copyrighted work(s) that you claim has been infringed;

2.	Identification of where the material that you claim to be infringing is located on the Site;

3.	A statement that you have a good faith belief that use of the disputed material is not authorized by the copyright owner, its agent, or the law;

4.	A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner of an exclusive copyright that is allegedly infringed or are authorized to act on the copyright owner's behalf;

5.	Your address, telephone number, and email address; and

6.	Your physical or electronic signature.

DeLuca's designated agent for notification of claims of copyright infringement on the Site can be reached as follows:

Address: 107 Floral Vale Blvd., Yardley, PA 19067
Telephone: (215) 860-6500
Fax: (215) 860-3030
E-mail: info@delucahomes.com

DeLuca has adopted a policy of terminating services to users who willfully and/or repeatedly infringe.

Similarly, if you believe that any of your trademarks or service marks have been infringed, please notify DeLuca’s designated agent.


5.  Disclaimers and Limitation of Liabilities and Warranties
DELUCA POSTS INFORMATION ON THIS SITE AS A HELPFUL SERVICE TO VISITORS. WE MAKE REASONABLE EFFORTS TO KEEP CURRENT, BUT MAKE NO GUARANTEE THAT THE INFORMATION POSTED IS ACCURATE. THIS PAGE WAS LAST UPDATED ON JANUARY 7, 2004. DELUCA SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE OR ACCESS ANY INFORMATION FROM THIS SITE. DELUCA MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ANY INFORMATION POSTED, ALL OF WHICH IS OFFERED "AS IS". DELUCA ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE SITE, OR YOUR DOWNLOADING ANY MATERIALS FROM THE SITE.


6.  Privacy
The policy of DeLuca is to respect and protect the privacy of our users. Please review our full Privacy Policy.


7.  Dispute Resolution
Any action based on a breach of the terms herein shall be brought to the courts in the Commonwealth of Pennsylvania, and to whose jurisdiction you consent in such an action. If a breach is found by any court, the court shall have the right to issue an injunction to prevent such a breach, and grant to DeLuca its damages and attorneys’ fees and such other and further relief as the court may deem appropriate.


8.  Applicable Laws and Jurisdictional Issues
This Site including any services and/or materials shall be governed by the laws of the Commonwealth of Pennsylvania. By visiting the Site, you consent to the jurisdiction of the state courts and to the federal courts, if appropriate, presiding in the Eastern District of Pennsylvania and you agree to accept service of process by mail. You hereby waive any and all jurisdictional and venue defenses that might otherwise be available.


9.  Force Majeure
Notwithstanding any other provision contained in these Terms and Conditions, in the event that the performance of any obligation of DeLuca is prevented due to acts of God, exchange controls, export or import controls, or any other government restriction, wars, hostilities, blockades, civil disturbances, revolutions, strikes, lockouts, or any other cause beyond the reasonable control of DeLuca, then DeLuca shall not be responsible to you for any failure or delay in the performance of its obligations. DeLuca shall promptly notify you of such force majeure condition. The terms of this clause shall not exempt, but merely suspend, DeLuca from its duty to perform until as soon as practicable after a force majeure condition ceases to exist.


10.  Headings
The headings of each of these Terms and Conditions are for convenience of reference only. Such headings shall be ignored in the interpretation or construction of any of these terms and conditions of sale.


11.  No Assignment
You may not assign your rights or obligations under this Agreement without the prior express written consent of DeLuca.


12.  Invalidity of Provisions
In the event that any portion of these Terms and Conditions is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention and the remainder of the provisions shall remain in full force and effect.


13.  No Waiver
Any failure by DeLuca to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right.


14.  Complete Understanding
These Terms and Conditions constitute the entire understanding between DeLuca and you with respect to ordering data and/or services from the Site.


By USING THE SITE, you signify your assent to these TERMS AND CONDITIONS and any subsequent modifications. As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful.

For more information about DeLuca or if you have any questions about our Terms and Conditions, please contact DeLuca Homes by e-mail: info@delucahomes.com.

We'll be happy to answer your questions or hear your concerns.

Last Updated: January 8, 2004