Terms & Conditions
Welcome to the Deep River Technologies website. Deep River provides this Site and all applications, software, content and services available within the Site subject to the following terms and conditions.
Within these Terms and Conditions, we may refer you to additional terms and conditions regarding your access to and use of the Sites and the Services, which you should read carefully. Please read this Agreement carefully before using this Site. If you do not agree to be bound by the terms and provisions of this Agreement, do not use this Site. By your affirmative act of accessing, using, or registering with this Site, you acknowledge and agree that (1) you have read and are bound by the terms and provisions of this Agreement, and (2) this Agreement constitutes a legal and binding agreement between you and Deep River.
As used in these Terms and Conditions, the words “you” and “your” refer to any person accessing the Site. The words “we,” “us,” and “our” refer to Deep River. We reserve the right to modify, alter, or otherwise update these Terms and Conditions at any time. We will post any such change at this Site, so you are encouraged to review these Terms and Conditions from time to time. Your continued use of our Site following the posting of changes to these Terms and Conditions will constitute your acceptance of any and all posted changes. We may of course change, move or delete portions of our site, or add to our site from time to time.
Information Is Provided Solely for Informational Purposes
ALL MATERIALS ON OUR WEB SITE ARE PROVIDED SOLELY FOR INFORMATIONAL PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES.
ALTHOUGH WE STRIVE TO PROVIDE ON OUR SITE THE LATEST DEVELOPMENTS RELATING TO OUR SERVICE AREAS, WE DO NOT WARRANT THE ACCURACY, EFFECTIVENESS, OR SUITABILITY OF ANY MATERIALS. CHANGES IN LOCAL, STATE, AND FEDERAL LAWS THAT AFFECT OUR SERVICE AREAS OCCUR FREQUENTLY AND SOMETIMES QUICKLY, AND INTERPRETATIONS OF LAW CAN VARY GREATLY. THEREFORE, WE RECOMMEND THAT ALL LEGAL QUESTIONS BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW.
Ownership of Site and Contents; Downloading
This Site is owned by Deep River Technologies. Unless otherwise noted, all text, images, illustrations, designs, icons, photographs, video clips, links, logos, icons and other items and other materials that are part of or posted on our Site (collectively, the “Content”) are copyrighted works, trademarks, or other intellectual property owned, controlled, or licensed by Deep River or used under principles of “fair use.”
The Content of our Site and the Site as a whole are intended solely for your personal use. You may download or copy the Contents and other downloadable materials displayed on our Site for such uses, provided that you understand and agree that you may not remove, alter or cover any copyright or other proprietary notices placed on our Site or the associated Content. By allowing you to download this Content, we expressly do not transfer to you any right, title, or interest in the materials.
Links to Other Web Sites
As a courtesy to you, this Site may contain links to websites and resources owned by other individuals and entities (collectively, the “Third Party Sites”). If you utilize the links to the Third Party Sites, you will leave this Site. If you decide to visit the Third Party Sites, you acknowledge and agree that (1) you do so at your own risk, (2) it is your responsibility to guard against time bombs, trojan horses, viruses, worms or other computer programming routines that could alter damage, expropriate, intercept or interfere with your computer system, (3) we are not endorsing, nor are we responsible for, the information, advertising or the content contained on the Third Party Sites, or the products or services promoted, offered by or sold on the Third Party Sites (including anything that could be abusive, defamatory, false, harassing, inaccurate, inappropriate, libelous, misleading, offensive, obscene, sexually explicit, threatening, unlawful, vulgar or otherwise objectionable, or that could be in violation of any federal, state, local or jurisdictional law, rule or regulation), (4) your access to and use of the Third Party Sites is subject to the Third Party Sites’ terms and conditions of use (including their respective privacy polices), (5) we are not responsible for the availability of the Third Party Sites, and (6) we are not making any representations or warranties regarding the accuracy, appropriateness, availability, completeness, freedom from viruses, performance, quality, security or timeliness of the Third Party Sites or their contents (including the text, graphics, images, software, audio and video clips, links, logos, icons and other items and materials contained on the Third Party Sites).
Subject to the terms hereunder, you may link to this Site from your website through the placement of a plain textual link: Deep River http://www.deeprivertech.com/ Linking to any other page of this Site (including through deep links or framed links) is prohibited in the absence of a separate written agreement with us. Unless we otherwise provide our express written consent, any website or other device that links to http://www.deeprivertech.com/ or any page available in this Site is prohibited from (1) replicating the Content, (2) using a browser or border environment around the Content, (3) implying in any fashion that we or any of our affiliates are endorsing it or its products or services, (4) stating any fact that is misleading or that otherwise implies that we or any of our affiliates are endorsing it or any of its products or services or that we or any of our affiliates has any relationship with it, (5) presenting false information about us or our products or services, and (6) using any of the Content or, except as otherwise provided above with respect to the plain textual links.
Restrictions on the Use of this Site
You are responsible for all activity related to your access or use of the Site and the Materials. You also are responsible for all activities under your password or registered account, if any, if you or if you allow others to use your relevant information to access and use the Site. In addition to the other restrictions contained in this Agreement, you acknowledge and agree that you will not, directly or indirectly, without our prior express written consent, (1) disguise the origin of information transmitted to or through this Site, (2) access or use this Site, the Materials or the Content for any purpose or in any manner inconsistent with the terms and provisions of this Agreement, (3) violate any federal, state, local or jurisdictional law, rule or regulation while accessing or using this Site, the Materials or the Content, (4) infringe upon or violate the intellectual property rights, privacy rights, moral rights, rights of attribution or any other similar rights of any individual or entity while accessing or using this Site, the Materials or the Content or posting any content or information on the Site, (5) post, publish or transmit any information on this Site that is abusive, defamatory, false, harassing, inaccurate, inappropriate, libelous, misleading, offensive, obscene, sexually explicit, threatening, unlawful, vulgar or otherwise objectionable, (6) post or publish any information on this Site that is intended to advertise or solicit business, including any multi-level marketing scheme, or that is a chain letter or part of a pyramid scheme, (7) harvest or collect information from the Site (including any user information) for the purpose of sending unsolicited bulk e-mail or other forms of unsolicited bulk communications, (8) install, upload or otherwise introduce any material to this Site that contains any time bombs, trojan horses, viruses, worms or other computer programming routines that could alter damage, expropriate, intercept or interfere with this Site, the Materials or the Content, (9) frame or utilize framing techniques to enclose any portion or aspect of the Content, (10) corrupt, hack, modify or otherwise tamper with this Site, the Materials or the Content, (11) impersonate any individual or misrepresent your affiliation with any individual or entity, (12) access or use this Site in any manner that reflects negatively on our reputation or goodwill or (13) post content or information in areas of the Site not expressly designated and approved by us for posting.
Deep River reserves the sole and absolute discretion to deny, revoke, or otherwise restrict the access privileges of any user who at any time fails to comply with these Terms and Conditions.
OUR SITE AND ALL CONTENTS AND MATERIALS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE BY YOUR USE OF OUR SITE THAT YOUR USE OF OUR SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT DEEP RIVER SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OUR SITE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
Deep River has no obligation to respond to any Comments, and we reserve the right, but undertake no duty, to review, edit, move, or delete any material posted by users on our site, in our sole discretion and without notice.
Complaints Over Perceived Infringement
Deep River respects intellectual property rights, and will deny access to users who, in our discretion, infringe the intellectual property rights of others. In addition, we will use efforts that are commercially reasonable in light of our resources to accommodate generally accepted technical measures used by copyright owners to identify and protect their copyrighted works. If you believe that materials posted on our Site infringe rights you enjoy under copyright law in specific materials (collectively, a “Work”), we request that you follow the procedure described below to notify us of your concerns or objections. In turn, we agree to respond to your notice, as outlined below, and remove or disable access to material that you believe infringes your Work.
You agree to indemnify and defend us, and our successors, assigns, partners, members, owners, shareholders, trustees, directors, officers, affiliates, licensors, licensees, agents and representatives (collectively the “Indemnified Parties”), with respect to, and hold the Indemnified Parties harmless from, any claims, damages, expenses (including reasonable attorneys’ fees) and other losses that the Indemnified Parties, or any of them, may directly or indirectly incur or suffer by reason of, or which results from, arises out of or is based upon (1) your access to or use of the Site, the Materials, the Content, the Third Party Sites or the Internet, (2) your posting, publishing or transmitting of the user information or Comments on, through or to this Site or the Third Party Sites, (3) any discontinuation, suspension or termination of the Site, the Materials or the Content, and (4) your violations of any of the terms or provisions of this Agreement.
TO THE FULLEST EXTENT ALLOWED BY LAW, WE, ON BEHALF OF OURSELVES AND THE REMAINING INDEMNIFIED PARTIES, EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY CONSEQUENTIAL, DIRECT, EXEMPLARY, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHER CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) OR LOSSES, INCLUDING DAMAGES FOR LOSS OF USE OF THE MATERIALS OR THE CONTENT, LOST ACCESS TO THIS SITE, LOST PROFITS, OR OTHER INTANGIBLE LOSSES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR ANY OTHER THEORY OF LIABILITY, ARISING OUT OF, CONNECTED WITH OR RELATED TO (1)YOUR ACCESS TO OR USE OF THE SITE, THE MATERIALS, THE CONTENT, THE THIRD PARTY SITES OR THE INTERNET, (2) YOUR POSTING, PUBLISHING OR TRANSMITTING OF THE USER INFORMATION ON, THROUGH OR TO THIS SITE OR THE THIRD PARTY SITES, (3) ANY DISCONTINUATION, SUSPENSION OR TERMINATION OF THE SITE, THE MATERIALS OR THE CONTENT, (4) ANY THIRD PARTY STATEMENTS OR CONDUCT ON THE SITE, (5) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (6) THE ACCURACY, ADEQUACY, RELIABILITY, CURRENTNESS, COMPLETENESS, TIMELINESS, SUITABILITY, USEFULNESS OR APPLICABILITY OF ANY CONTENT OR MATERIALS AVAILABLE THROUGH THE SITE, OR (7) YOUR VIOLATION OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT, EVEN IF WE WERE ADVISED OF SUCH POSSIBILITY, OR IF SUCH CLAIM, DAMAGE, EXPENSE OR LOSS WAS FORESEEABLE IN ANY WAY.
IN THE EVENT ANY INDEMNIFIED PARTY IS FOUND TO BE RESPONSIBLE TO YOU FOR ANY CLAIM, DAMAGE, EXPENSE OR LOSS, SUCH INDEMNIFIED PARTY SHALL BE LIABLE ONLY FOR ACTUAL CLAIMS, DAMAGES, EXPENSES OR LOSSES. TO THE FULLEST EXTENT ALLOWED BY LAW, YOUR REMEDIES CONTAINED IN THIS AGREEMENT ARE EXCLUSIVE.
BEFORE SEEKING LEGAL RECOURSE FOR ANY CLAIM, COST, DAMAGE, EXPENSE OR CLAIM THAT YOU BELIEVE YOU HAVE SUFFERED AS A RESULT OF YOUR ACCESS TO OR USE OF THE SITE, THE MATERIALS OR THE CONTENT, YOU ACKNOWLEDGE AND AGREE THAT YOU WILL GIVE US AT LEAST THIRTY (30) DAYS’ WRITTEN NOTICE PRIOR TO INITIATING ANY LEGAL ACTION, WHICH NOTICE SHALL SPECIFY SUCH CLAIM, COST, DAMAGE, EXPENSE OR CLAIM.
Governing Law, Waiver of Jury Trial and Venue
THIS AGREEMENT WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE DOMESTIC LAWS OF THE STATE OF NORTH CAROLINA, WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICTING PROVISION OR RULE THAT WOULD CAUSE THE LAWS OF ANY JURISDICTION OTHER THAN THE STATE OF NORTH CAROLINA TO BE APPLIED. THE PARTIES HERETO WAIVE ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT OR PROCEEDING BROUGHT TO ENFORCE OR DEFEND ANY RIGHTS OR REMEDIES UNDER THIS AGREEMENT OR ANY DOCUMENTS RELATED HERETO. THE PARTIES HERETO AGREE THAT ALL DISPUTES AMONG THEM ARISING OUT OF, CONNECTED WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED AMONG THEM IN CONNECTION WITH THIS AGREEMENT SHALL BE RESOLVED EXCLUSIVELY BY STATE OR FEDERAL COURTS LOCATED IN HILLSBOROUGH COUNTY, FL, AND ANY APPELLATE COURT FROM ANY THEREOF. YOU HEREBY WAIVE ANY OBJECTION THAT YOU MAY NOW OR HEREAFTER HAVE TO THE LAYING OF VENUE OR TO THE JURISDICTION OF ANY SUCH ACTION, SUIT OR PROCEEDING. YOU ACKNOWLEDGE AND AGREE THAT ANY CLAIM OR CAUSE OF ACTON BROUGHT BY YOU AGAINST US OR ANY OF OUR AFFILIATES MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.
Except to the extent expressly provided in another written agreement between you and us, this Agreement constitutes the entire agreement between you and us with respect to the subject matter hereof, and it supersedes any prior agreements between you and us with respect to the subject matter hereof. If any term or provision under this Agreement is found to be invalid or unenforceable by any court having competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining terms and provisions of this Agreement, which shall remain in full force and effect. No waiver of any term or provision of this Agreement shall be deemed to be a further or continuing waiver of such term or provision, or of any other term or provision. We may assign our rights and obligations under this Agreement to any individual or entity at any time and without notice to you. The section headings used in this Agreement are for convenience only and have no legal effect.
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