Last Updated March 2006
This Terms of Service agreement (the "Agreement") is between you ("you") and DeepOcean Group Services, Inc. ("DeepOcean Group," "we," "us"), concerning your use of the Internet world wide web site currently located at http://www.deepoceangroup.com (together with any successor site(s) and all Services (as defined below), the "Site").
Acceptance of Terms. The Site is made available by DeepOcean Group subject to this Agreement. We reserve the right to update or make changes to this Agreement from time to time in our sole discretion, which we may provide to you by any reasonable means, including without limitation posting the revised draft of this Agreement on the Site. You can determine when this Agreement was last revised by referring to the "LAST UPDATED" legend at the top of this Agreement. When using any Services (as defined below), you agree that you are subject to any additional posted guidelines, rules, terms and conditions applicable to such Services, which are hereby incorporated by reference into this Agreement.
We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to modify or discontinue the Site, with or without notice. You agree that neither we nor any other DeepOcean Group entities, consultants and affiliates collectively, "Affiliated Entities") shall be liable to you or to any third party for any modification, suspension or discontinuance of the Site, in whole or in part, or of any Service, content, feature or product offered through the Site. Your continued use of the Site after such changes will indicate your acceptance of such changes. For purposes of this Agreement, "including" shall mean "including, without limitation."
If you have any questions regarding the meaning of application of this Agreement, direct questions to email@example.com
Description of the Services. We provide users of the Site with access to certain material, content and services concerning DeepOcean Group and the Affiliated Entities (such material, content and services, collectively, the "Services").
Forward-Looking Statements. DeepOcean Group makes forward-looking statements in the Services about our future performances and results. These statements are intended to be forward-looking statements within the meaning of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Act of 1934. Some, but not all, of these statements are identifiable by words such as "outlook," "project," "estimates", "anticipates", "believes" and "predicts." Please understand, however, that our business involves risks and uncertainties, some of which could cause the future to be materially different than our forward-looking statements indicate. Among other things, our business involves risks resulting from future oil and gas price uncertainties, uncertainties regarding future offshore drilling markets and our resulting utilization levels and day rates, and assumptions regarding our future operations. Because the material provided as part of the Services is summary in form, it does not contain a full discussion of all the risks, uncertainties and other information that may be important to you. Before making any decision regarding DeepOcean Group or its securities, you should review not only this material, but also the other information we provide, including information we file with the Securities and Exchange Commission. DeepOcean Group is under no obligation to publicly update or revise any forward-looking statements.
Rules of Conduct. While using the Site you will comply with all applicable laws, rules and regulations. In addition, we expect users of the Site to respect the rights and dignity of others. Your use of the Site is conditioned on your compliance with the following rules of conduct. You will not:
Post, transmit, or otherwise make available, through or in connection with the Site:
Anything that is or may be (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right.
Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as "hacking," "cracking," or "phreaking."
Any virus, worm, Trojan Horse, easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment.
Any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letter," "pyramid scheme" or investment opportunity, or any other form of solicitation.
Any material, non-public information about a company without the proper authorization to do so. o Any religious and political endorsements.
Use the Site for any fraudulent or unlawful purpose.
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including others’ privacy rights or rights of publicity; or harvest or collect personally identifiable information about DeepOcean Group employees, customers or other users of the Site.
Impersonate any person or entity, including any representative of DeepOcean Group or an Affiliated Entity; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement you make.
Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks.
Restrict or inhibit any other person from using the Site (including by hacking or defacing any portion of the Site).
Use the Site to advertise or offer to sell or buy any goods or services for any business purpose, without DeepOcean Group’s express prior written consent.
Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site.
Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site.
Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.
Frame or mirror any part of the Site without DeepOcean Group’s express prior written consent.
Create a database by systematically downloading and storing all or any Site content.
Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Site.
Additionally, you acknowledge and agree that you (and not DeepOcean Group) are responsible for, without limitation, obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Site, and paying all charges related thereto.
Submissions. For any materials you submit through the Site (each, a "Submission"), you grant DeepOcean Group and the Affiliated Entities a worldwide, non-exclusive, transferable, royalty-free, perpetual, irrevocable right and license: (a) to use, reproduce, distribute, derive, transmit, display and perform such Submission, in any media now known or hereafter developed, for DeepOcean Group’s and the Affiliated Entities’ business purposes, and (b) to sublicense the foregoing rights, through multiple tiers, to the maximum extent permitted by applicable law; in each event, without compensation to you. For each Submission, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this Section, and that such Submission, and your provision thereof to and through the Site, complies with all applicable laws, rules and regulations, including U.S., foreign and local laws, rules and regulations. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.
DeepOcean Group’s Proprietary Rights.DeepOcean Group’s Proprietary Rights. The information and materials made available through the Site, including the Services, are and shall remain the property of DeepOcean Group and its licensors and suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. Subject to your compliance with this Agreement, and solely for so long as you are permitted by DeepOcean Group to access and use the Site, you may download one (1) copy of any content on the Site to any single computer solely for your personal, non-commercial home use, provided that you keep intact all copyright and other proprietary notices. Except as otherwise expressly authorized in advance by DeepOcean Group, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, or create derivative works based (whether in whole or in part) on, all or any part of the Site or any materials made available through the Site.
Trade names, trademarks and service marks of DeepOcean Group include without limitation "deepoceangroup.COM," "DeepOcean Group Services, Inc.," and any associated logos. All trademarks and service marks on the Site not owned by DeepOcean Group are the property of their respective owners. The trade names, trademarks and service marks owned by DeepOcean Group, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion.
Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of DeepOcean Group copyrights, patents, trade names, trademarks, service marks or other proprietary interests without our express prior written consent.
Links. The Site may provide links to third party web sites and online resources. Because DeepOcean Group has no control over such sites and resources, you acknowledge and agree that neither DeepOcean Group nor the Affiliated Entities are responsible for the availability of such external sites or resources, or endorse or are responsible or liable for any content, advertising, products or other materials on or available through such sites or resources. Other web sites may provide links to the Site with or without our authorization. You acknowledge and agree that DeepOcean Group and the Affiliated Entities do not endorse such sites, and are and shall not be responsible or liable for any links from those sites to the Site, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.
YOU AGREE THAT YOUR USE OF THIRD PARTY WEB SITES AND RESOURCES, INCLUDING YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEB SITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
DeepOcean Group shall have the right, at any time and in its sole discretion, to block links to the Site through technological or other means without prior notice.
Limitations of Liability and Disclaimer of Warranties. THE SITE AND THE SERVICES ARE PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH THE SITE.
DeepOcean Group AND THE AFFILIATED ENTITIES DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE AND ANY SERVICE MADE AVAILABLE THROUGH THE SITE, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE. NEITHER DeepOcean Group NOR ANY AFFILIATED ENTITY WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, NEITHER DeepOcean Group NOR ANY AFFILIATED ENTITY WILL BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR FROM ANY CONTENT POSTED ON THE SITE BY DeepOcean Group OR ANY THIRD PARTY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.
We do not guarantee that the Site will be or remain secure, complete or correct, or that access to the Site will be uninterrupted. The Site may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Site. If you become aware of any unauthorized third party alteration to the Site, contact us at firstname.lastname@example.org with a description of the material(s) at issue and the URL or location on the Site where such material(s) appear.
Indemnity. You agree to defend, indemnify and hold harmless DeepOcean Group and the Affiliated Entities, and their respective directors, officers, employees, agents, shareholders, licensors and representatives, from and against all claims, losses, costs and expenses (including attorneys fees) arising out of (a) your use of, or activities in connection with, the Site; (b) any violation of this Agreement by you or through your account; or (c) any allegation that any Submission or other materials that you make available through the Site or Services infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party.
Termination. This Agreement is effective until terminated. You agree that DeepOcean Group, in its sole discretion, may terminate your access to or use of the Site, at any time and for any reason, including if DeepOcean Group believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination, the provisions of this Agreement will survive, provided, however, that your right to use the Site and any Services will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that DeepOcean Group may immediately bar any further access to any information or files on the Site. You agree that DeepOcean Group and the Affiliated Entities shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files.
Jurisdictional Issues. The Site is controlled and operated by DeepOcean Group from the United States, and is not intended to subject DeepOcean Group to the laws or jurisdiction of any state, country or territory other than that of the United States. DeepOcean Group does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discret
Miscellaneous. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us. This Agreement is governed by and shall be construed in accordance with the laws of the United States and the State of Texas, U.S.A., without regards to its principles of conflicts of law. You agree to exclusive jurisdiction by the federal and state courts located in the State of Texas, U.S.A., and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This, together with all policies referred to herein, is the entire Agreement between you and DeepOcean Group relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and DeepOcean Group relating to such subject matter. Notices to you may be made via posting to the Site, by email, or by regular mail, in DeepOcean Group’s discretion. The Site may also provide notices of changes to this Agreement or other matters by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Filtering. Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.
Information or Complaints. Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: If you have a question or complaint regarding the Site, please send an e-mail to email@example.com. You may also contact us by writing to 10001 Woodloch Forest Dr, Suite 610, The Woodlands, TX 77380, or by calling us at 713-780-9926. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 400 R Street, Suite 1080, Sacramento, CA 95814, or by telephone at (916) 445-1254 or (800) 952-5210.