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DEEPTONE ONCE A WEEK® WORKOUT: TERMS
THIS AGREEMENT CONTAINS LEGAL OBLIGATIONS AND WE URGE YOU TO READ IT WITH CARE AND IN ITS ENTIRETY BEFORE VISITING THE DEEPTONE WEB SITE (THE “SITE”), USING ANY OF MATERIALS, PROGRAMS, SERVICES (COLLECTIVELY, “CONTENT”) AVAILABLE AT THE SITE, OR PURCHASING ANY PRODUCTS. BY CLICKING “AGREE,” YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, INCLUDING ALL DISCLAIMERS. YOU MAY ACCESS THE SITE, USE THE CONTENT, AND PURCHASE PRODUCTS ONLY IF YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE, YOU SHOULD IMMEDIATELY STOP USING THE SITE.
DEEPTONE, INC. MAY REVISE THIS AGREEMENT AT ANY TIME WITH THE REVISED AGREEMENT EFFECTIVE IMMEDIATELY UPON NOTICE. NOTICE MAY BE MADE BY POSTING THE REVISED AGREEMENT ON THE SITE OR BY EMAILING SITE USERS. ACCESSING THE SITE OR USING THE SITE’S CONTENT FOLLOWING SUCH NOTICE WILL CONSTITUTE YOUR ACCEPTANCE OF THE REVISED AGREEMENT. YOU AGREE TO REVIEW THE AGREEMENT FROM TIME TO TIME TO BE AWARE OF ANY CHANGES. YOU ALSO AGREE THAT YOUR CONTINUED ACCESS OF THE SITE AND USE OF ITS CONTENT SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE REVISED AGREEMENT.
IF DEEPTONE, INC. DISCOVERS THAT YOU HAVE VIOLATED ANY OF THE AGREEMENT’S TERMS AND CONDITIONS, WE MAY IMMEDIATELY AND WITHOUT NOTICE TAKE CORRECTIVE ACTION, INCLUDING BARRING YOUR ACCESS TO THE SITE AND YOUR ABILITY TO USE THE SITE’S CONTENTS. WE MAY ALSO REMOVE ANY INFORMATION OR MATERIALS THAT YOU HAVE TRANSMITTED, POSTED, OR UPLOADED TO THE SITE. DEEPTONE, INC. ACCEPTS NO LIABILITY RESULTING FROM THIS ACTION.
This Agreement is the entire Agreement of the parties and supercedes any and all other negotiations or agreements whether written or oral unless such other agreements are more protective of DeepTone, Inc.’s proprietary materials, in which case the more protective terms shall control.
1. Use of Site. DeepTone, Inc. authorizes you a limited, non-exclusive, and non-transferable right to view the Content at this Site for your personal and non-commercial use only. The Site may contain, without limitation, interactive fitness training, videos, articles, email services, bulletin and message boards, chat rooms, news groups, forums, communities, calendars, and other communication features.
2. Accounts, Passwords, and Security. You must provide any required information that we request and choose a username and password before you will be allowed access to Services that require registration. You assume the sole responsibility for maintaining the security and confidentiality of your account and password. IN ADDITION, YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES, COMMUNICATIONS, OR POSTINGS FROM YOUR ACCOUNT, REGARDLESS OF WHETHER OR NOT YOU OR BY SOMEONE ELSE USING YOUR ACCOUNT PERFORMED THE ACTION. You agree to immediately notify DeepTone, Inc. of any unauthorized use of your account or any other security breach. DeepTone, Inc. cannot be held liable for any loss resulting from someone else’s use of your password or account, with or without your knowledge. However, you may be held liable for any losses suffered by DeepTone, Inc. or another party as a result of any unauthorized use of your account or password.
3. Copyright. The Content at the Site contains materials copyrighted and owned solely by DeepTone, Inc. You may freely browse the Site, but DeepTone, Inc. strictly forbids the download or attempted download of any Content from the Site. Any unauthorized use of any exercise program, instructions, or other materials on this Site may violate U.S. copyright and/or trademark law, Colorado trade secret law, and other laws. If you breach any of these Terms, in addition to any and all remedies available to DeepTone, Inc., your authorization to use this Site automatically terminates and you must immediately destroy any printed materials.
4. Trademarks. DeepTone®, DeepTone (with design), ONCE A WEEK®, 1 HOUR ONE DAY A WEEK®, 60 MINUTES ONCE A WEEK®, 1 HOUR A WEEK®, 1 WORKOUT A WEEK®, 45 MINUTE A WEEK®, 75 MINUTE A WEEK®, and CMRS STIMULUS®, are trademarks or service marks of DeepTone, Inc. You may not use these or any other of DeepTone’s trademarks or service marks without the written permission of DeepTone, Inc.
5. Representation of Physical Condition. You understand that you are enrolling in a program of intense, strenuous physical activity. As such, DeepTone, Inc. strongly urges you to consult a physician or other appropriate health-care professional before starting the program or using any of the Site Content.
DEEPTONE, INC.’S SITE, SERVICES, AND PRODUCTS DO NOT PROVIDE MEDICAL OR MENTAL HEALTH CARE OR ADVICE AND ARE NOT INTENDED TO CONSTITUTE, REPLACE, OR SUPPLEMENT MEDICAL OR MENTAL HEALTH CARE. FOR PURPOSES OF THIS AGREEMENT, MEDICAL AND MENTAL HEALTH CARE INCLUDE, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS, OR ADVICE. NEITHER THE U.S. FOOD AND DRUG ADMINISTRATION NOR ANY OTHER AGENCY OR AUTHORITY HAS EVALUATED DEEPTONE, INC.’S SITE, SERVICES, OR PRODUCTS. WE URGE YOU TO CONSULT A PHYSICIAN OR OTHER APPROPRIATE PROFESSIONAL FOR ADVICE BEFORE PARTICIPATING IN OR USING ANY SPECIFIC PROGRAM OR PRODUCT, OR ACTING ON ANY ADVICE OR INFORMATION FOUND IN THE SITE CONTENT.
You affirm that you are in good physical condition and do not suffer from any disability or physical infirmity that would prevent or limit your participation in this exercise or which may increase the risk of physical injury or further disability from such participation.
You understand and agree that all physical activities, including this exercise program, involve some risk of generating or increasing a physical injury or aggravating a pre-existing physical condition. Accordingly, you hereby assume all risks of participation in this exercise program, waive any rights of action against any third party as a result of any injury or condition that may result from participation and hold harmless and release from liability all third parties from any and all liability, claims, demands, or actions, or causes of action whatsoever arising out of any damage, loss, injury to you or your property, whether such loss, damage or injury results from the negligence of the third party or from some other cause. For this purpose, third parties include DeepTone, Inc.’s owners, officers, employees, and agents (collectively, “Representatives”). This waiver and release from liability shall apply for all periods during and following completion of the exercise program or your participation in the program and while you are on DeepTone’s premises (including at its web site should a court of appropriate jurisdiction determine that the Site is defined as “premises”) and shall apply to and for the benefit of all successors, assigns, heirs, and personal representatives of both you and DeepTone, Inc.
6. Proprietary Information. It is understood and agreed that DeepTone, Inc. has developed the DeepTone® Method for use exclusively with its exercise program. The exercise portion of the DeepTone® method is also known as the CMRS Stimulus® training technique. All exercise programs developed by DeepTone, Inc., including the DeepTone® Method, constitute confidential proprietary information. Such information is disclosed to the participant in the exercise program. The participant acknowledges that he has not participated in, and is not aware of, any other exercise program, methods or techniques which claim to produce results in a one workout per week program.
Any commercial, proprietary or public use of some or all of the DeepTone® Method or other information obtained from DeepTone, Inc. in conjunction with its exercise programs is expressly prohibited; provided that DeepTone, Inc. may expressly license an individual or entity to use the DeepTone® Method and other proprietary information.
Participating in or operating a business, or otherwise using some or all of the DeepTone® Method or other proprietary information with respect to DeepTone, Inc.’s exercise programs, whether as an owner, shareholder, partner, employee, independent contractor, agent, or otherwise, is also expressly prohibited. All information regarding and related to the DeepTone® exercise program and method is a trade secret. Participant agrees not to use, disclose or offer any exercise program that uses: any weights which contain any elements similar to the functional design and materials (both inside and outside) of the weights used by DTI; any weights with resistance equipment, whether they are used simultaneously or not; and any resistance equipment and/or weights individually or in combination which include any exercise elements of the DeepTone® method. The foregoing are intended as examples, and not an exclusive listing, of those DTI Ideas which may not be disclosed, used or offered by the Second Party. The Second Party further agrees not to disclose, offer or use any of the exercise elements (with or without weights or resistance devices), repetition patterns, arrangements, organization, sequences or patterns which are used by DTI in its exercise program.
The participant agrees to treat all such information as confidential, to use such information for the sole purpose of participating in the exercise program offered by DeepTone, Inc., not to copy in whole or in part any of the exercise program or information provided (whether in written or other form), not to disclose such information to any other party and to otherwise take such steps as are necessary or appropriate to prevent dissemination of such information in violation of this section.
DeepTone, Inc., in its programs, instructions and materials, is providing you with confidential trade secret information. The trade secret information is provided to you only on the condition that you agree to keep the information, programs, exercise techniques and materials confidential and not share them with anyone who does not also agree to abide by the terms of this Agreement. Your duty to maintain confidentiality is of critical importance, not only because of our contractual relationship but it is also enforced under Colorado law, as this contract is to be interpreted under Colorado law, and the federal civil and criminal statutes that prevent the unauthorized use of trade secrets such as our instructions, techniques, and materials. Said use is theft under federal statutes protecting trade secrets with criminal penalties of up to $5 million and prison, including civil damages and attorneys’ fees for violation and misuse of our products and materials, and the Uniform Trade Secrets Act that has been adopted in Colorado that independently prohibits the disclosure and misuse of our trade secrets.
These statutory and contractual provisions apply to you and oblige you to protect this material and to affirmatively prevent any unauthorized use by other persons – even friends and family. If someone wishes to use the materials, join in a session, or even observe a session they must first pay for the program and agree in writing to the provisions of this Agreement. The participant will be responsible not only for the consequences of his own disclosure of the DeepTone, Inc.’s proprietary information, but also for the consequences of any actions taken by others to whom such information has been disclosed by participant.
In the event of any wrongful use of DeepTone, Inc.’s proprietary information, DeepTone, Inc. may proceed with such injunctive relief as may be available to prevent such use and, in addition, may pursue an action to recover damages. The participant agrees that, because of the difficulty of measuring damages in connection with any misappropriation or theft of DeepTone, Inc.’s trade secrets or other proprietary rights, if participant misappropriates or steals (or permits any other person to misappropriate or steal) any such information or rights, he will pay to DeepTone, Inc. in good funds, an amount equal to $2000.00 per each individual who uses (whether for his own use or any other purpose) or to whom has been disclosed (even if such individual has not used such information) the misappropriated or stolen exercise methods or other proprietary information or rights (as liquidated damages and not as a penalty).
In addition to any other amounts for which the participant may be liable under this Agreement, the participant agrees to pay to DeepTone, Inc. all costs (including attorneys’ fees) incurred by DeepTone, Inc. in enforcing its rights under this Agreement, whether or not litigation is commenced. The participant agrees that this Agreement is entered into and shall be interpreted in accordance with the laws of the State of Colorado. The participant further agrees that jurisdiction and venue for any litigation relating to this Agreement, any proprietary information of DeepTone, Inc., or any trademarks, trade names, or trade dress of DeepTone, Inc., shall be proper only in the City and County of Denver, Colorado.
7. Prohibited Activities. You agree that you will not engage in any of the following activities in connection with your access to and use of DeepTone’s Site, Site Content, or products:
a. register or attempt to register, subscribe or attempt to subscribe, unsubscribe or attempt to unsubscribe any other party for any DeepTone product or service unless you have express authorization to act on that party’s behalf;
b. attempt to determine the source code by any means, including, but not limited to, copying, reverse engineering, or reverse assembly;
c. access the Site or Content in any way other than a DeepTone, Inc.-provided interface;
d. copy, distribute, transmit, display, perform, publish, license, create derivative works from, transfer, or sell any software, audio or visual content, suggestions, ideas, articles, information, products, services, or other materials obtained through the Site, Content, services or products.
e. display the Site or Content on another web site using framing or similar navigational technology;
f. create links to the Site without the express, written authority of DeepTone, Inc.;
g. post or transmit unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable material, including material that might violate the privacy or publicity rights of any other person or entity;
h. delete or modify any material posted or transmitted by any other person or entity;
i. transmit or upload any material that would infringe the patent, trademark, trade secret, copyright, or other proprietary rights of
any other personor entity;
j. delete any author attributions, legal notices, or proprietary designations or labels on any material that you transmit or upload to any area of the Site;
k. impersonate any person or entity, including, but not limited to, a DeepTone, Inc. Representative, instructor, forum leader, or chat room monitor, or falsely state or otherwise misrepresent your affiliation with such a person or entity;
l. post or transmit any material that contains a software virus or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any software, hardware, or telecommunications equipment;
m. impair the availability or utility of any communications features of any Site or Service to other users in any way (e.g., posting incongruous or unrelated messaged or materials or flooding the system with continuous, repetitive postings or email messages);
n. post or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or other inappropriate information such as notices, commercial or otherwise;
o. intentionally or unintentionally violate any applicable local, state, national, or international law; or
p. use the Site, Content, or products for any purpose prohibited by these terms and conditions or in any manner that could damage, disable, overburden, or impair DeepTone, Inc.’s servers or networks, or interfere with any other user’s use and enjoyment of the Site and Content. Furthermore, you may not attempt unauthorized access to the Site, Content, accounts, computer systems, or networks connected to DeepTone, Inc. through hacking, password mining, or any other means. You may only access DeepTone, Inc. materials and information using the Site or services intentionally made available to you.
8. Message Boards and Chat Rooms. The DeepTone, Inc. Site may host message boards, chat rooms, and other forums to provide opportunities for public discussions and information sharing. Size, usage, and other limitations in addition to the restrictions set forth in Section 7 may apply to the materials that you post or upload to any public communication forum. You are responsible for following all such limitations and restrictions. Failure to comply with the applicable limitations, restrictions, and the terms and conditions of this Agreement may result in the denial of your access to the message boards, chat rooms, or other public forums. In particular, repeatedly posting or uploading material that infringes on copyrights or other intellectual property rights are grounds for DeepTone, Inc. to deny future access to the message boards, chat rooms, or other public forums, or, in certain cases, and at the sole discretion of DeepTone, Inc., to deny access to the entire Site. DeepTone, Inc. or its designated agents may remove or modify any user-created content at any time for any reason. Information and content posted within these public forums may be provided by DeepTone, Inc. Representatives, outside contributors, or by users unconnected to DeepTone, Inc., who may employ unidentifiable user names. DeepTone, Inc. does not endorse and makes no representation as to the validity of these contributions and expressly disclaims all responsibility for any opinion, advice, information, or statement made or displayed in these forums by third parties. Any errors or omissions in any postings or uploaded material, or in hyperlinks included in any postings or materials are the sole responsibility of the author(s). DeepTone, Inc., our affiliates, suppliers, and agents will not accept liability under any circumstances for any loss or damage caused by your reliance on any information obtained through these forums. The opinions expressed in these forums are solely those of the participants and do not reflect the opinions of DeepTone, Inc. or of any of its subsidiaries or affiliates.
9. Monitoring. DeepTone, Inc. assumes no obligation to monitor any of the postings or uploaded materials on the message boards, chat rooms, or other public forums on the Site. However, we reserve the absolute right to monitor these forums at our sole discretion. In addition, DeepTone, Inc. has the right to modify, edit, refuse to post, or remove any postings or content, in whole or part, for any reason and to disclose transmitted or posted materials and the circumstances of their transmittal to any third party in order to comply with any applicable law, regulation, legal requirement, or governmental request and to protect ourselves, our sponsors, users, and visitors. DeepTone, Inc.’s rights as outlined in this Section shall not in any way restrict or modify the disclaimers and limitations of liability stated in this agreement.
10. Third Party Content. Site Content may be supplied by third parties or other users. DeepTone, Inc. is a distributor (and not a publisher) of third party and user-supplied Content and does not have editorial control over these materials. Any third-party or user-supplied advice, opinion, statement, services, offers, or other materials, including those supplied by information providers, must be attributed to the respective authors or publishers, and not to DeepTone, Inc. Neither DeepTone, Inc. nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, DeepTone, Inc. does not endorse and is not responsible for the accuracy or reliability of any opinion, advice, or statement made on the Site or any of the Services supplied by anyone other than an authorized DeepTone, Inc. Representative acting in an official capacity.
11. Disclaimer Regarding Links and Third Parties. As a convenience, the Site may provide links to other web sites that may be of interest to you (the “Linked Sites”). We do not control these Linked Sites, and we have not reviewed or approved their content. Any reference or link to another web site or entity, or to a product or service, obtained from this Site does not necessarily constitute or imply any ownership, sponsorship, endorsement, arrangement, or any other relationship between DeepTone, Inc., its employees, agents, or affiliates and the Linked Sites, product or services. The views and opinions expressed in any Linked Site do not necessarily state or reflect those of DeepTone, Inc. You acknowledge and agree that DeepTone, Inc. is not directly or indirectly responsible or liable for any damage or loss resulting from your use of any of the links we provide, or of the content, goods, or services available on or through the Linked Sites. Further, DeepTone, Inc. does not review the third-party web sites that contain links to our Site and will not accept responsibility for the content of any such off-site pages or any other web sites linked to the Site.
Your purchase or use of any goods or services offered by any third party found on or through the DeepTone, Inc. Site or Services, including the terms, conditions, representations, or warranties associated with your purchase or use, are solely between you and the third party. You agree that DeepTone, Inc. shall not be responsible or liable for any loss or damage that you might incur as a result of your dealings with third parties. 12. User-Submitted Content. By providing DeepTone, Inc. with suggestions, ideas, information, or other materials (collectively, “Submitted Content”), you grant DeepTone, Inc. and our designees a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to utilize, copy, distribute (through multiple tiers), create derivative works from, perform, display, sell, and import such Submitted Content in any form now known or hereafter developed, for any purpose, commercial or otherwise, without compensation. The license granted to DeepTone, Inc. shall be considered fully paid-up and royalty free. In addition, the transfer of all or any portion of DeepTone, Inc.’s business through a merger, sale, or transfer of all or a substantial portion of DeepTone, Inc.’s assets will not create any obligation for DeepTone, Inc. to pay a fee to any user or subscriber for any Submitted Content. Likewise, the sale of advertising on the Site will not create any obligation to pay a fee to any user or subscriber for Submitted Content. DeepTone, Inc. will have no confidentiality, attribution, or any other obligation for Submitted Content transmitted to us or posted on the Site’s message boards, chat rooms, or other public forums, nor shall DeepTone, Inc. be liable for any use or disclosure of any such Submitted Content.
13. Use of Name/Likeness in Connection with the Site. By providing DeepTone, Inc. with any written comments regarding the Site, exercise program, or other Content, you hereby agree to the use of your name, likeness, and comments for advertising purposes on the internet, print advertising, or any other advertising medium now known or hereafter developed, without compensation.
14. Commercial Transactions. The Site may make certain products and services available for purchase. If you wish to buy a product or subscribe to a services, DeepTone, Inc. or an authorized third party may ask you to supply personal data, including, without limitation, your full name, address, telephone number, credit card number and expiration date, bank account number, or other required information. You agree to provide complete, correct, and up-to-date information and to comply with the terms and conditions of any agreement governing your purchase of a product or subscription to a service. You assume responsibility for all charges to your account including the payment of any applicable taxes.
DeepTone, Inc. reserves the right to change the amount of, or basis for determining, any fees or charges for services, and to establish new fees, charges, or terms effective upon notice to Site users and subscribers. The method(s) used to notify users and subscribers of any pricing changes may be determined at the sole discretion of DeepTone, Inc.
Payment must be received before you may use any service for which there is a charge or take delivery of a purchased product. If payment is made by credit card, we reserve the right to either suspend or terminate your access and account if we are unable to complete the credit card transaction or if a charge is refunded for any reason, including chargeback. If payment is made by check, receipt of payment occurs when the amount is credited to DeepTone, Inc.’s account. If your check is returned for insufficient funds (NSF), DeepTone, Inc. reserves the right to either suspend or terminate your access and account. You will be charged $20.00 for each NSF check in addition to any fees assessed by your financial institution.
15. Refusal of Service. You understand and agree that DeepTone, Inc. has the right to refuse to provide access, services, or products to you or any other individual for any reason upon its sole discretion.
16. Refunds. DeepTone, Inc. does not provide refunds.
17. Disclaimer of Warranties and Limitation of Liability.
DEEPTONE, INC.’S SITE, CONTENT, SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS. TO THE EXTENT PERMITTED BY LAW, DEEPTONE, INC. EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTED OR INTENDED RESULTS OF ANY FITNESS PROGRAM, AND/OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY WITH RESPECT TO THE SERVICE OR ANY MATERIALS AND PRODUCTS. IN THE EVENT PRODUCTS OR SERVICES ARE UTILIZED OR PURCHASED FROM DEEPTONE, INC. IN A JURISDICTION THAT DOES NOT PERMIT THIS DISCLAIMER, THE MAXIMUM AMOUNT RECOVERABLE FOR ANY CLAIM, DEMAND, ACTION, OR JUDGMENT, INCLUDING ANY AND ALL ATTORNEYS’ FEES AND COSTS, SHALL BE SOLELY THE AMOUNT PAID PURSUANT TO THIS AGREEMENT BY THE CLAIMANT FOR SERVICES OR PRODUCTS FROM DEEPTONE, INC. IF YOUR USE OF THE MATERIALS, INFORMATION, OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR MEDICAL ATTENTION, YOU ASSUME ALL COSTS THEREOF. BY USING THIS SITE, YOU CONFIRM THAT YOU ARE IN GOOD HEALTH AND YOU HAVE CONSULTED WITH AND RECEIVED APPROVAL FROM YOUR PHYSICIAN TO ENGAGE IN THE EXERCISE DETAILED IN THIS SITE. BY USING THIS SITE, YOU CONFIRM THAT YOU HAVE CONSULTED WITH AND RECIEVED APPROVAL FROM YOUR PHYSICIAN BEFORE TAKING ANY SUPPLEMENTS OR FOLLOWING ANY SUGGESTIONS REFFERED TO IN THIS SITE.
WITHOUT LIMITING THE GENERALITY OF THE ABOVE DISCLAIMER, DEEPTONE, INC. AND ITS AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT AND EXPRESSLY DISCLAIM: (i) UNINTERRUPTED, ERROR-FREE, OR SECURE USE OF THE SITE OR SERVICES AND ACCESS TO AND USE OF ALL OF THE CONTENT AND COMMUNICATION FORUMS; (ii) THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY INFORMATION FOUND ON THE SITE OR SERVICES; (iii) THE CORRECTION OF DEFECTS IN THE SITE OR SERVICES; OR (iv) THAT ANY SOFTWARE, SERVICES, SITES, OR SERVERS ON WHICH THE SITE AND SERVICES ARE HOSTED ARE FREE OF VIRUSES, WORMS, OR OTHER HARMFUL FILES, PROGRAMS, OR CODES. IN NO EVENT SHALL DEEPTONE, INC. BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER WITH RESPECT TO THE SERVICE, THE MATERIALS AND/OR THE PRODUCTS.
18. Disclaimer of Accuracy and Completeness of the Site Content and Services. DeepTone, Inc. further does not warrant the accuracy and completeness of the Content and Services at this Site. DeepTone may make changes to the Content and Services of the Site or to the products and prices described in them, and may correct any errors or omissions, at any time without notice. Such changes shall not be considered evidence of improper action. The Content and Services available on this Site may be out of date, and DeepTone makes no commitment to update the Content and Services at this Site. Information available at the Site may refer to products, programs, or services that are not available in your geographical area. Please consult your DeepTone business contact for information regarding the products, programs, and services that may be available to you. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
19. PROHIBITED USES. DeepTone, Inc. administers this Site from its offices in Denver, Colorado, USA. DeepTone, Inc. makes no representation that materials or services that appear or are offered on or through this Site are appropriate or available for use outside of the United States, and access to them from territories, if any, where their contents or use are prohibited is prohibited. You may not use, export or re-export the materials or services that are offered on or through this Site, or any copy or adaptation of the same, in violation of any applicable laws or regulations, including without limitation United States export laws or regulations. If you chose to access or use the Site from outside of the United States, you do so on your own initiative and at your own risk, and you are solely responsible for complying with any applicable local laws or regulations.
20. CHOICE OF LAW/JURISDICTION/VENUE. By using this Site and/or by making any purchases from DeepTone, Inc. you agree that any and all problems or disputes of any kind or nature that arise out of or relate in any way to this Site or to DeepTone, Inc. will be subject to only the laws of the State of Colorado, unless preempted by United States Law which will then apply, without giving effect to any principles of conflict of laws. You also agree that the District Courts in and for the City and County of Denver, State of Colorado or the United States District Court will have sole and exclusive jurisdiction over any disputes of any kind or nature between you and DeepTone, Inc., its employees, officers, directors, agents, affiliates or successors, and you hereby irrevocably submit to the subject matter and personal jurisdiction of the District Courts in and for the City and County of Denver, State of Colorado or the United States District Court in connection with any such disputes.
21. JURY WAIVER.
BY AGREEING TO THESE TERMS AND CONDITIONS AND BY USING THIS SITE, YOU HEREBY WAIVE ANY RIGHT TO TRIAL BY JURY IN CONNECTION WITH ANY SUCH DISPUTE.
IN ADDITION TO ANY OTHER AMOUNTS FOR WHICH THE PARTICIPANT MAY BE LIABLE UNDER THIS AGREEMENT, THE PARTICIPANT AGREES TO PAY TO DEEPTONE, INC. ALL COSTS (INCLUDING ATTORNEYS’ FEES) INCURRED BY DEEPTONE, INC. IN ENFORCING ITS RIGHTS UNDER THIS AGREEMENT, WHETHER OR NOT LITIGATION IS COMMENCED.