Terms of Service
Effective Date: May 20, 2022
The provision of this website and products is contingent upon your acceptance of these terms and conditions (hereinafter referred to as "Terms" or "Agreement"). These Terms constitute a legally binding agreement between you and DEEPKEE, and you should read them carefully. By agreeing to these Terms, you also agree to DEEPKEE's Privacy Policy, Online Return Policy, In-Store Return Policy, and Shipping Policy, which are all expressly incorporated into this Agreement by reference.
This Agreement includes an arbitration agreement and a waiver of class action rights, waiving your right to a court hearing or jury trial or to participate in a class action. Unless otherwise specified below or you choose to opt out, arbitration is mandatory and is the sole remedy for resolving any and all disputes. You must read this document in its entirety before accessing, using, or purchasing any products through this website.
User Obligations
By downloading, visiting, or using this website, you represent that you are at least eighteen (18) years old or of legal age (whichever is greater) and agree to these Terms. You also agree to comply with all applicable local, state, and national laws and regulations related to your use of this website. You further represent that when submitting information to DEEPKEE through this website, you will provide true, accurate, current, and complete information (and updates). You shall only use this website in the manner permitted by this Agreement and shall not use this website or its content for any commercial, political, obscene, illegal, or improper purpose. DEEPKEE reserves the right to terminate your access to this website for any reason or no reason at its sole discretion. If you register an account on this website, you may be required to provide an email address and password, and DEEPKEE may specify other requirements from time to time. You agree to assume all responsibility for all activities conducted through your account (including access via your password). If you suspect or become aware that your password has been lost, stolen, or used without authorization, you must immediately notify DEEPKEE.
Purchases through this website
All purchases made through this website are subject to our acceptance. This means we may refuse to accept or cancel any transaction at our sole discretion and shall not be liable to you or any third party. Orders from customers who are dealers, wholesalers, or others intending to resell the products offered on this website are not permitted. DEEPKEE expressly states that it will only accept your order on the condition that you agree to these Terms and all additional terms and conditions provided to you on this website that govern your purchase of certain products. By ordering products through this website, you agree to provide true, accurate, current, and complete information. DEEPKEE reserves the right to stop or change the specifications and prices of products offered on or off the website without prior notice and shall have no obligation to you. Prices and availability are subject to change without notice, and DEEPKEE reserves the right to withdraw or correct any errors, inaccuracies, or omissions in any offer.
DEEPKEE hopes you are satisfied with the products purchased from this website. If you wish to return an item, please review our Online Return Policy and In-Store Return Policy, which are incorporated herein by reference.
Ownership and Content of the Website
The materials contained in this website include, but are not limited to, text, images, designs, photographs, videos, audio clips, graphics, button icons, pictures, advertising copy, URLs, technologies, software, and the overall layout or "look and feel" of such materials, including copyrighted materials, as well as trademarks, logos, and service marks (collectively referred to as "Content") owned, licensed, or controlled by DEEPKEE, its licensors, licensees, or other third parties. All rights, ownership, and interests in the Content and this website are owned by DEEPKEE, its licensors, or certain other third parties and are protected by the maximum extent of U.S. and international copyright, trademark, trade dress, patent, or other intellectual property rights and laws. By using this website, you do not acquire any ownership, intellectual property rights, or other interests in any items or Content on this website. Subject to your agreement and compliance with this Agreement, DEEPKEE grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access, display, view, and use the Content of this website solely for your personal non-commercial use. You agree that DEEPKEE may immediately and without notice suspend or terminate the availability of this website, its Content, or products and shall not be liable to you or any third party.
User-Generated Content
By submitting or posting any materials or content on this website (the "User-Generated Content"), you grant DEEPKEE a perpetual, irrevocable, royalty-free, worldwide, sublicensable, and transferable license to copy, publish, translate, modify, reformat, create derivative works, distribute, reproduce, and sublicense such materials or any part thereof. You represent, warrant, and covenant that any User-Generated Content you provide does not violate any laws or the rights of any third party, and you have all rights necessary to grant DEEPKEE the above license. DEEPKEE has the right to use any User-Generated Content without any obligation of confidentiality, attribution, or compensation to you.
Limitation of Liability; Disclaimer. Unless otherwise prohibited or inapplicable by law, this website and all Content, products, and other information available on or through this website are provided on an "as is" and "as available" basis, without any form of warranty (whether express or implied), including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, security, or accuracy. DEEPKEE does not warrant: (1) that the information on this website is correct, accurate, or reliable; (2) that the features contained in the website application will be uninterrupted or error-free; or (3) that defects will be corrected, or that the website or the servers that provide the website are free of viruses or other harmful components. In no event shall DEEPKEE or its officers, directors, shareholders, employees, independent contractors, or agents be liable for any indirect, special, incidental, consequential, or punitive damages, regardless of the cause of action, including but not limited to contract, tort, strict liability, warranty, or otherwise, for any costs arising from this Agreement, Privacy Policy, Return Policy, Shipping Policy, products, or your use of the website or any products, even if any provision of these Terms is contrary, this disclaimer and limitation of liability shall not apply in New Jersey.
Third-Party Website Links
This website may contain links to third-party websites, such as links from advertisers, sponsors, content partners, and others. The inclusion of any link on this website does not imply our endorsement of that link, and DEEPKEE expressly disclaims any responsibility for the accuracy of the content, materials, information, or quality of products or services provided, obtained, or advertised on these third-party websites.
Privacy
You understand, acknowledge, and agree that the operation of certain parts of this website or the receipt of certain information (such as registering or creating an account on this website) requires the submission, use, and dissemination of certain personally identifiable information. Please note that by providing your mobile number to this website, you are providing DEEPKEE with your electronic signature, expressly consenting to DEEPKEE contacting you at the number you provided (including through an autodialing system, pre-recorded messages, text messages, and multimedia messages), even if the number you provided is listed on a company, state, or national "do not call" list. You understand that purchases do not require your consent. >> More about DEEPKEE's Privacy Policy .
Electronic Signature and Agreement
You acknowledge and agree that clicking the "Submit," "Download," "Order," "I Accept" button, any link used to submit billing or shipping information, or any similar link designated by DEEPKEE constitutes your acceptance of these Terms and Conditions and your submission of a legally binding electronic signature and the formation of a legally binding contract. You acknowledge that your submitted electronic signature constitutes your agreement and willingness to be bound by this Agreement. Under any applicable statute, regulation, rule, ordinance, or other law, including but not limited to the U.S. Electronic Signatures in Global and National Commerce Act (P.L. 106-229) (the "Electronic Signatures Act"), you hereby consent to the use of electronic signatures, contracts, orders, and other records, and to the electronic delivery of notices, policies, and records related to transactions initiated or completed through this website or products provided by DEEPKEE. Furthermore, you waive any rights or requirements under any laws, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or the delivery or retention of non-electronic records, or waive any rights or requirements to pay in a non-electronic manner or to grant credit in a non-electronic manner.
Sales Tax
DEEPKEE complies with state guidelines regarding sales tax and use tax, with specific rates depending on the destination address of your shipment. Any applicable taxes will be calculated based on the total price of your goods when you check out and confirm shipping details. Additionally, the total order amount at checkout reflects the estimated tax amount. The actual amount charged to your payment method will reflect all applicable state, local, and county taxes and will be calculated after your order has shipped.
Miscellaneous
This Agreement constitutes the entire agreement between you and DEEPKEE and supersedes any prior versions of this Agreement between you and DEEPKEE. If any provision of this Agreement is found to be invalid by an arbitrator or a court of competent jurisdiction (if applicable), the remaining provisions shall remain unaffected and shall continue in full force and effect. Furthermore, the provision may be modified or severed to the extent necessary to make the provision enforceable and consistent with the remainder of this Agreement.