Terms of Service

Effective Date: October 27, 2025

DeepSeas LLC (“DeepSeas,” “we,” “us,” or “our”) grants you access to our public websites, including www.deepseas.com (collectively, the “Website”) conditioned on your acceptance of these Terms of Use (these “Terms of Use”).

1. Acceptance of the Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS OF USE CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US, AND BY USING THE WEBSITE, YOU AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MUST CEASE USING THE WEBSITE IMMEDIATELY.

IMPORTANT NOTICE REGARDING ARBITRATION AND CLASS ACTION WAIVER. WHEN YOU AGREE AND ACCEPT THE TERMS AND CONDITIONS OF THESE TERMS OF USE, YOU ARE AGREEING TO RESOLVE ANY DISPUTE BETWEEN YOU AND DEEPSEAS THROUGH BINDING, INDIVIDUAL, PRIVATE ARBITRATION RATHER THAN IN COURT.  CLASS ACTIONS ARE PROHIBITED.  PLEASE REVIEW CAREFULLY SECTION 14 BELOW FOR DETAILS REGARDING THE BINDING WAIVER OF YOUR RIGHT TO RESOLVE DISPUTES IN COURT IN FAVOR OF PRIVATE ARBITRATION.

2. Modifications to These Terms of Use

We reserve the right, in our sole discretion, to modify these Terms of Use at any time without notice to you. We will post all modifications to these Terms of Use on the Website and they will become effective immediately upon being posted to the Website. Your continued use of the Website following the posting of such modifications constitutes your acceptance of them. Therefore, you should check the Effective Date of these Terms of Use each time that you visit the Website and review any modifications made since the last time that you visited it.

3. Privacy Notice

We will treat all personal information that you choose to provide to us through the Website in accordance with our privacy notice located at https://www.deepseas.com/privacy-policy/ (the “Privacy Notice”). By using the Website, you consent to the privacy practices set forth in the Privacy Notice.

4. Modifications to the Website

We may terminate, change, suspend or discontinue any aspect of the Website at any time without notice to you.

5. Proprietary Materials

The Website contains forms, content, information, trademarks and other proprietary materials that belong to us and our licensors and that are protected by copyright, trademark and other intellectual property laws (collectively, “Proprietary Materials”).

You should assume that everything on the Website is Proprietary Materials, and, except as otherwise explicitly provided on certain Proprietary Materials that you may access through the Website, you shall not reproduce, distribute, publicly display, publicly perform, prepare derivative works of or otherwise use or exploit Proprietary Materials in any way without our prior written consent. Commercial use of Proprietary Materials is strictly prohibited. All rights not expressly granted herein are reserved to us and our licensors.

6. Restrictions

You agree that you will not yourself or through any third party: (i) use the Website in a manner that violates applicable laws or the rights of third parties, including intellectual property laws and third-party rights with respect thereto; (ii) engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Website or which may harm us or other users of the Website; (iii) violate the security of the Website, including by using any device, software or routine that interferes with the proper functioning of the Website, accessing or attempting to access any systems or servers on which the Website is hosted, modifying or altering the Website in any way or forging headers, misrepresenting your identity or otherwise manipulating identifiers to deceive others; (iv) use automated data extraction tools or manual processes to extract Proprietary Materials from the Website; (v) except as otherwise explicitly provided on certain Proprietary Materials that you may access through the Website, remove, conceal or alter any identification, copyright or other proprietary rights notices or labels on the Website or Proprietary Materials; (vi) frame the Website in any manner, utilize framing techniques to enclose any content or other proprietary information, place pop-up windows over any Website pages, or otherwise affect the display of any pages on the Website; or (vii) access, use or monitor our Website for benchmarking or any competitive purposes.

7. User Representations.

Parts of the Website may be accessed only by registering for an account and creating a password, which may include the ability to create a profile and other relevant information regarding yourself and or company you represent.  Keep your password secure.  You are responsible for the activities on your account.  You represent, warrant, and agree that no materials of any kind submitted through your account or otherwise posted or shared by you through the will violate or infringe upon the rights of any third party, including without limitation any copyright, trademark, patent, privacy, publicity, or other personal or intellectual property rights; or contain libelous, defamatory, or otherwise unlawful material.  You will notify us promptly if you discover any unauthorized use of your account.  We are not responsible for any losses resulting from unauthorized use of your account.  Except where authorized by us, you agree not to use the Website to: (i) register for more than one account; (ii) register or operate an account on behalf of another person other than the company you represent; (iii) impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, or your affiliation with or authority to act on behalf of any person or entity; (iv) upload, post, transmit, share, store, or otherwise make publicly available through the Website any private information of any third party; (v) upload, post, transmit, share, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the Website; or (vi) use or attempt to use another’s account without authorization from that person, or create a false identity through the Website.

8. Third-Party Websites

We may include links on the Website to third-party websites that we do not control or operate (each, a “Third-Party Website”). We are not responsible for any information, content, advertising, products, services or other materials on any Third-Party Website, and the presence of such links does not constitute our endorsement, approval or sponsorship of any Third-Party Website. If you choose to link to any Third-Party Website, you are doing so at your own risk, and you will be subject to the Terms of Use of that website. Therefore, before interacting with any Third-Party Website, you should consult the legal terms governing the use of such Third-Party Website. We expressly disclaim any and all liability resulting from your use of any Third-Party Website.

9. Disclaimer

THE WEBSITE AND PROPRIETARY MATERIALS ARE PROVIDED “AS-IS”, “WHERE-IS” AND “AS-AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DEEPSEAS HEREBY EXPRESSLY DISCLAIMS ON BEHALF OF DEEPSEAS OR ANY OF OUR SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “DEEPSEAS PARTIES”) ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER DEEPSEAS NOR ANY OF THE DEEPSEAS PARTIES REPRESENTS OR WARRANTS THAT THE WEBSITE WILL BE ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; NOR DOES DEEPSEAS OR ANY OF THE DEEPSEAS PARTIES MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, QUALITY, PERFORMANCE OR SUITABILITY OF THE SERVICES OR PROPRIETARY MATERIALS.

10. Limitation of Certain Damage Types

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED OR PROHIBITED, IN NO EVENT WILL DEEPSEAS OR ANY DEEPSEAS PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE WEBSITE OR ANY OF CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE WEBSITE, EVEN IF ANY OF US IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11. Limitation of Liability Amount

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF THE AMOUNT PAID BY YOU TO US FOR ACCESS TO THE WEBSITE AT ISSUE IN THE THREE MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM AND $10.  YOU ACKNOWLEDGE THAT IF NO FEES OR CONSIDERATION ARE PAID TO US, YOU SHALL BE LIMITED TO, AT MOST, INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PROHIBITED BY APPLICABLE LAW, AND SHALL NOT BE ENTITLED TO ANY OTHER DAMAGES, REGARDLESS OF THE CAUSE OF ACTION.

NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE OUR LIABILITY FOR: (i) DEATH OR PERSONAL INJURY RESULTING FROM OUR WILLFUL MISCONDUCT; (ii) FRAUD OR FRAUDULENT MISREPRESENTATIONS; OR (iii) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED BY APPLICABLE LAW.

12. Disputes, Governing Law, Venue, and Jurisdiction.

To the extent not inconsistent with federal law, these Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without the application of any conflicting principles of law thereof, and in compliance with the U.S. Federal Arbitration Act.  Any court proceeding relating to these Terms of Use or its subject matter may be brought in the applicable federal or state courts situated in the State of California.  The parties hereby waive any objection they may have in any such action based on lack of personal jurisdiction, improper venue, or inconvenient forum.

13. Arbitration Agreement; Dispute Resolution; Class Action Waiver.

Any dispute, controversy or claim arising out of or relating to the Website provided by DeepSeas, these Terms of Use, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of these Terms of Use to arbitrate (each a “Dispute”), shall be resolved solely by binding, individual arbitration rather than a class, representative or consolidated action or proceeding.  You and DeepSeas each further agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms of Use, and that each party is waiving the right to a trial by jury or to participate in a class action.  This arbitration provision shall survive termination of these Terms of Use.

1. Exceptions.  As limited exceptions to mandatory arbitration as set forth in this Section, the parties each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
2. Conducting Arbitration and Arbitration Rules.  The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Agreement.  The AAA Rules are available at www.adr.org or by calling 1-800-778-7879.  A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules.  The AAA provides a form Demand for Arbitration at www.adr.org.  If your claim is for U.S. $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video-conference hearing, or by an in-person hearing as established by the AAA Rules.  If your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules.  Any arbitration hearings will take place San Diego County, California, unless the parties both agree in writing to a different location.  You and DeepSeas agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability, and scope of the terms of these Terms of Use.
3. Arbitration Costs.  Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.  If you prevail in arbitration, you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
4. Effect of Changes on Arbitration.  DeepSeas reserves the right to modify this Section at any time upon 30 days’ written notice (email to suffice) to you.  Any such modification shall be prospective and shall not affect previously filed claims.  By continuing to use Website, you agree to and accept all terms and conditions of any modifications.
5. Class Action Waiver.  YOU AND DEEPSEAS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.  Further, if our Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding.  If any of the specific provisions within this Section are found to be unenforceable, the remainder of this Section shall not be affected thereby and, to this extent, the provisions of this Section shall be deemed to be severable.  If there is a final judicial determination that any particular claim (or a request for particular relief) cannot be arbitrated in accordance with this Section, then only that claim (or only that request for relief) may be brought in court.  All other claims (or requests for relief) remain subject to this Section.

14. Indemnity.

To the maximum extent permitted by law, you agree to indemnify and hold DeepSeas and the DeepSeas Parties harmless from and against any loss, liability, claim, demand, damages, costs (including attorneys’ fees), and expenses, arising out of or in connection with your use of the Website or any violation of these Terms of Use, including without limitation any communications you may have with other users.  Nothing in these Terms of Use shall affect any non-waivable statutory rights that apply to you.  DeepSeas reserves the right to assume the exclusive defense and control (at your expense) of any matter that is subject to indemnification under this Section.  In such case, you agree to cooperate with any reasonable requests assisting DeepSeas’ defense of such matter.

PLEASE PRINT A COPY OF THESE TERMS OF USE FOR YOUR RECORDS AND PLEASE CHECK BACK FREQUENTLY FOR ANY CHANGES TO THESE TERMS OF USE.

15. Termination of these Terms of Use

We may, without notice to you, immediately terminate these Terms of Use if you breach these Terms of Use or engage in conduct that we, in our sole discretion, believe is in violation of applicable law or our rights or the rights of other users of the Website.

Upon termination of these Terms of Use, your right to use the Website and Proprietary Materials will immediately terminate.

16. Complete Agreement

These Terms of Use and the Privacy Notice constitute the entire agreement between you and us with respect to the subject matter hereof and thereof and supersede all prior and contemporaneous agreements, whether oral or written, between us and you with respect to the same.

17. Severability

If any provision of these Terms of Use is found to be invalid or unenforceable by a court of competent jurisdiction, the invalid or unenforceable provision will be deemed superseded by a valid and enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms of Use will remain in full force and effect.

18. Survival.

The following Sections survive: 5, 7, and 9 through 14, and any defined terms used therein.

19. Contact Us

If you have any questions about these Terms of Use, please contact us at:

DeepSeas LLC
Attn: Compliance Officer
12121 Scripps Summit Drive; Suite #320
San Diego, CA  92131
legal@deepseas.com
888-863-1117