DeepSee’s Terms and Conditions

Please read all of the following terms and conditions (“Terms”) for this website (“Site”) carefully.  By accessing, linking to, or using this Site, you agree to be bound by the Terms below.  If you do not agree to the Terms below, do not access, link to, or use this Site.  If your organization signed a Master Services Agreement or a Software License and Services Agreement with DeepSee.ai Inc. (“DeepSee”), that agreement may have modified these Terms in certain respects.  Please contact your organization’s administrator for details.

DeepSee reserves the right to amend, remove, or add to the Terms at any time, and such modifications shall be effective automatically and immediately, without any further required action or specific notice to you.  The latest version of the Terms will be posted on the Site, and you should review the Terms prior to using the Site.  Accordingly, whenever accessing, linking to, or using this Site, please review the Terms for any modifications.  Your continued access, link to, or use of this Site after any modifications have been posted to the Terms constitutes your acceptance of any modified Terms.  If, at any time, you do not wish to accept the Terms, you are prohibited from accessing, linking to, or using this Site.  Any terms and conditions proposed by you which are additional to or which conflict with the Terms are expressly rejected by DeepSee and shall be of no force or effect.

You represent and warrant that you have read, understand, and agree to be bound by the Terms, which constitute a legal agreement between you and DeepSee.  You represent and warrant that you have full authority to accept the Terms.  If you are accepting on behalf of someone else, you represent and warrant that you have full legal authority to bind that person or entity to these Terms.  If you do not have full legal authority to bind that person or entity to the Terms, please ensure that an authorized person from your entity consents to and accepts the Terms, otherwise you are prohibited from accessing, linking to, or using this Site.

Access to, linking to, and use of this Site and Site Content (as defined below) are subject to all applicable domestic and international laws, statutes, ordinances, and regulations.  You agree not to access, link to, or use this Site and Site Content in any way that violates such domestic and international laws, statutes, ordinances, and regulations.  Violation of these Terms may result in civil and/or criminal liability.  DeepSee reserves the right to investigate complaints or reported violations of the Terms and to take any action it deems appropriate, including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, e-mail addresses, usage history, IP addresses, and traffic information. 

You acknowledge that this Site, including, without limitation, any and all content available on or through this Site (collectively, the “Site Content”), is the property of DeepSee, or its licensors, and is protected by copyrights, patents, trademarks, service marks, international treaties, and/or other proprietary or intellectual property rights and laws of the U.S. and other countries.  You agree to abide by and not infringe upon all applicable copyright and other laws, and to not modify, copy, redistribute, transmit, display, publish, sell, license, create derivative works, or otherwise use any Site Content for any commercial or public purposes.  The posting of information or materials on the Site does not constitute a waiver of any right in such information or materials.  

The trademarks, trade names, logos, designs, and service marks displayed on this Site (“Marks”) are the registered and unregistered trademarks of DeepSee and its licensors.  You may not use the Marks for any purpose including, without limitation, for advertising or promotion, in any public medium, to imply any endorsement by or relationship with, DeepSee or its licensors, or use as “hot links” or meta tags in other pages or sites on the World Wide Web, without the prior written approval of DeepSee or such licensor that may own the Mark.  You do not acquire ownership rights to any Site Content, and all future rights in and to Site Content, including, without limitation, any article, document, or other materials viewed through the Site; the underlying technology and software; and any patents, copyrights, trademarks, service marks, trade secrets, know-how and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the foregoing (collectively, the “Intellectual Property Rights”) shall, as between you and DeepSee, at all times be and remain the sole and exclusive property of DeepSee. 

You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site solely in accordance with this Agreement; (b) to use the Site solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, non-commercial purposes, provided that you maintain all copyright and other policies contained therein.

Your license for access and use of the Site and any Site Content are subject to the following restrictions and prohibitions of use.  You may not  use, transfer, or distribute any Site Content in any manner that could compete with the business of DeepSee or any of its licensors.  You also agree not to modify, move, add to, delete, or otherwise tamper with the Site Content in any way and to retain all copyright and other proprietary notices displayed on the Site Content.  You further agree not to copy, disclose, post, distribute, reproduce, publish, display, transmit, perform, create derivative works of, decompile, reverse engineer, disassemble, link to or unlawfully use or reproduce any of the Site Content without DeepSee’s prior written consent.  Moreover, you agree not to use this Site for any illegal purpose or in any manner inconsistent with the Terms.

Some of the information on this Site is supplied by independent third parties. DeepSee makes no warranty as to the accuracy of any such information and hereby disclaims all liability for any information supplied by third parties (non-affiliates of DeepSee).

This Site may contain links to websites controlled or offered by third parties (non-affiliates of DeepSee).  The links are only provided as a convenience, and DeepSee does not endorse or recommend any products or services offered by or information contained in any such third-party sites.  DeepSee hereby disclaims all liability for all information, materials, products, or services posted, offered, or that may be accessed at any of the third-party sites linked to this Site.  DeepSee makes no representation regarding the quality of any product or service contained at any such third-party site.  Furthermore, DeepSee hereby disclaims all liability for any failure of products or services offered or advertised at those third-party sites.

If you would like to link to this Site, you must strictly comply with the following guidelines:

The Site content is provided “as is,” “as available,” and with “all faults,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED warranties of merchantability and fitness for a particular purpose).  DEEPSEE has no LIABILITY whatsoever FOR ANY bugs, errors, OMISSIONS, problems, or other limiations IN THE SITE or site CONTENT.  DeepSee periodically adds, changes, improves, or updates the site and Site Content without notice. You are solely responsible for, and assume all risks associated with, your access, link to, and use of this Site and the Site Content. DeepSee assumes no responsibility whatsoever for the timeliness, deletion, improper delivery, or failure to store any user communications or personalization settingS.

Under no circumstances shall DeepSee be liable for any damages suffered by you or any third party, including, without limitation, any direct, indirect, incidental, punitive, special, or consequential damages (including, without limitation, any reputational damages, any lost profits, damages for business interruption, or loss of information, programs, or other data) that result from (i) any errors in or omissions from the Site or information obtained; (ii) the unavailability or interruption of the Site or any features thereof; (iii) your access to, link to, use of, inability to use this Site; (iv) the Site Content; or (v) any breach of security associated with the transmission of information through the Internet, regardless of the theory of liability and even if foreseeable or even if DeepSee was advised of the possibility of such damages.

Protecting the privacy of our clients and users of our Site is important to DeepSee.  DeepSee’s Privacy Policy describes how we use and protect information you provide to us on our Site.  We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy.

The security of information transmitted through the Internet can never be guaranteed.  DeepSee hereby disclaims all liability for any interception or interruption of any communications through the Internet or for changes to or losses of data.  To protect you and your data, DeepSee may suspend your use of the Site, without notice, pending an investigation, if any breach of security is suspected.

You acknowledge and agree that by providing DeepSee with any personal information through this Site, you consent to the transmission of such personal user information over international borders as necessary for processing in accordance with DeepSee’s standard business practices and DeepSee’s Privacy Policy.

Access to and use of password protected and/or secure areas of this Site are restricted to authorized users only.  We reserve the right to restrict access to any areas of our Site, or our entire Site, at our sole discretion.  If we provide you with a user ID and password to enable you to access restricted areas of our Site or other content or services, you must ensure that user ID and password is kept confidential.  You accept responsibility for all activities that occur under your user ID or password.  Unauthorized access to such areas is prohibited.  We may disable your user ID and password at our sole discretion or if you breach any of the policies or terms governing your use of our Site or any other contractual obligation you owe to us.

Any notices of or communications regarding threatened or claimed copyright, trademark, patent, or trade secret infringement on this Site must be (i) given in writing and (ii) personally delivered or sent by overnight courier to: DeepSee.ai Inc., 13907 South Minuteman Drive., Suite 175, Draper, UT 84020, Attn: Armen Sargsyan.

You agree to indemnify, defend and hold DeepSee and its officers, directors, agents, attorneys, partners, associates, subcontractors, employees, successors, assigns, and affiliates harmless, at your own expense, from any and all liability, loss, claim, and expense (including, without limitation, reasonable attorneys’ fees), arising out of or your violation of the Terms or in connection with your access, link to, or use of this Site and the Site Content.

DeepSee reserves the right to terminate your access to the Site or account for any reason, including, without limitation, violation of applicable laws or breach of these Terms.  You agree that any termination of your account may be affected without prior notice.  You further acknowledge that DeepSee will not be liable to you for any termination of your access to or use of the Site.

If any provision of these Terms is held to be unlawful, void or unenforceable, then such provision shall be severable without affecting the enforceability of all remaining provisions.  DeepSee reserves the right to alter or delete the Site Content at any time at its sole discretion.

These Terms and all claims or causes of action (whether in contract, tort, or statute) that may be based upon, arise out of, or relate to these Terms, shall be governed by, construed, and enforced in accordance with, the laws of the State of Utah, including its statutes of limitations, without giving effect to any conflicts of law principles.  Any controversy or claim arising out of or relating to these Terms and the subject matter contained herein (“Dispute”), which is not settled to the mutual satisfaction of the parties within thirty (30) days (or such longer period as may be mutually agreed upon in writing) from the date that either party informs the other in writing that such a Dispute exists, shall then be resolved solely by confidential binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules before a single, neutral arbitrator in Salt Lake City, State of Utah, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.  Any such Dispute shall be subject to arbitration on an individual basis only, and not on a class or collective basis on behalf of others.  There will be no right or authority for any Dispute to be brought, heard, or arbitrated as a class or collective action, or as a member in any such class or collective proceeding.  Any such Dispute shall be submitted to binding arbitration as set forth herein.  No arbitration proceeding hereunder shall be consolidated with or joined in any way with any other arbitration proceeding.