Welcome to DeephavenDirect.com.

DeephavenDirect.com is operated by Deephaven Direct LLC ("Deephaven Direct"). These Terms of Use (this "Agreement") state the terms and conditions under which you may access or browse the Deephaven Direct Website (the "Website") and govern your use of the Website. By using the Website, you agree to be bound by this Agreement, whether you are simply accessing or browsing the Website or you are purchasing products offered for sale on the Website (“Products”) as a customer. If you wish to access or browse this site, shop for or purchase Products, please read these Terms of Use carefully. If you object to anything in this Agreement or the Deephaven Direct Privacy Policy, you should leave the Deephaven Direct Website.

ACCEPTANCE OF TERMS OF USE AGREEMENT

WEBSITE CONTENTS. Occasionally there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing and/or availability. Deephaven Direct reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Deephaven Direct apologizes for any inconvenience this may cause you.

ELECTRONIC COMMUNICATIONS. When you visit the Website or send e-mails to Deephaven Direct, you are communicating electronically. You consent to receive communications from Deephaven Direct electronically. Deephaven Direct will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications provided to you electronically satisfy any legal requirement that such communications be in writing. You also agree that by signing up for Deephaven Direct e-mails you consent to receiving products, promotions and other advertisements from Deephaven Direct or its partners.

PRODUCT RETURNS. Please refer to our Returns Policy which can be accessed from any page on our Website by clicking the “Shipping and Returns” tab.

PRODUCT INFORMATION. The prices displayed on the Website are quoted in U.S. dollars and are valid and effective only in the U.S.

PRODUCT COLORS. Deephaven Direct has made every effort to display as accurately as possible the colors of the Products that appear on the Website. However, as the actual colors you see will depend on your monitor, Deephaven Direct cannot guarantee that your monitor's display of any color will be accurate.

USE OF SITE, PERSONAL AND NON-COMMERCIAL USE LIMITATION.  Unless otherwise specified, the Deephaven Direct Web Site is for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Deephaven Direct Web Site.  You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the different areas of the Site solely for your own noncommercial use, or to place an order with Deephaven Direct or to purchase Deephaven Direct products. Any other use of materials on this Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Site, without prior written permission of Deephaven Direct LLC is strictly prohibited. 

PERSONAL BEHAVIOR.  Harassment in any manner or form on the Web Site, including via e-mail and chat or by obscene or abusive language is strictly forbidden.  Impersonation of others, including a Deephaven Direct employee or representative or other members or visitors on the Web Site is prohibited.  You may not upload to, or distribute, or otherwise publish through the Web Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law.  You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.

INTELLECTUAL PROPERTY AND LICENSE/SITE ACCESS. Deephaven Direct owns and retains all proprietary rights in the Website.  Except as otherwise expressly noted, all Products, images, illustrations, designs (including Product designs), graphics, icons, photographs, text, audio clips, video clips and other materials that appear as part of the Website as well as the selection, arrangement and organization of the foregoing and the Website as a whole (collectively, 'Content') are subject to copyright, trademark, service mark, trade dress, and/or other intellectual property rights or licenses and rights of publicity and privacy, all worldwide rights, titles and interests in and to which are owned by or licensed to Deephaven Direct or its suppliers. All software used on this Website is the property of Deephaven Direct or its suppliers and is protected by U.S. and international copyright and other intellectual property laws. All trademarks not owned by Deephaven Direct that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Deephaven Direct.  References on the Website to the trademarks, service marks, trade names, products, company names or services of third parties are provided for your convenience and do not in any way constitute or imply an endorsement or recommendation of that third party or its products or services by Deephaven Direct. Deephaven Direct grants you a limited license to access and make personal use of the Website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Deephaven Direct. The Content of the Website, the Website as a whole and the software are intended solely for personal, non-commercial use by you and other members of the Internet community. You may not: (a) modify or create any derivative work based on the Content or use the Content, in whole or in part, for any commercial purpose or for any public display, performance, sale, rental, outsourcing or other commercial exploitation; (b) remove or alter any copyright, trademark or other proprietary notices from the Content; (c) transfer the Content to another person; or (d) reproduce the Content, the Website or the software, in whole or in part, as expressly provided herein. You agree to prevent any unauthorized copying of the Content or software.  Deephaven Direct reserves all rights not expressly granted herein.

LINKS TO THIRD PARTY SITES. Deephaven Direct may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Deephaven Direct has no control over such sites and resources, you acknowledge and agree that Deephaven Direct is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Deephaven Direct shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such site or resource. We do not control the privacy policies or practices of these Websites. You should review those policies before providing any personal information.  Deephaven Direct is not responsible for the content or practices of any linked Websites and provides these links solely for navigation convenience to visitors.

WARRANTY LIMITATION. Except for those warranties expressly provided herein, you hereby acknowledge and agree that Deephaven Direct (including officers, employees, agents, directors and independent contractors of Deephaven Direct) has not made any other warranties, express or implied, concerning the Website or the Products. THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY DEEPHAVEN DIRECT ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. DEEPHAVEN DIRECT DISCLAIMS, AND YOU HEREBY WAIVE, ALL WARRANTIES EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE.

DISCLAIMER OF LIABILITY. IN NO EVENT SHALL DEEPHAVEN DIRECT OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, DISTRIBUTORS, AFFILIATES, SUBSIDIARIES, AGENTS OR REPRESENTATIVES, BE IN ANY WAY LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, GENERAL, COMPENSATORY, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, ARISING FROM, OR RELATING TO, THE USE OF OR INABILITY TO USE THE WEBSITE OR THE CONTENT, MATERIALS AND FUNCTIONS THEREOF, OR OF ANY LINKED WEBSITE, OR ANY PRODUCT OR SERVICE LINKED TO FROM OR ADVERTISED OR PROMOTED ON THE WEBSITE, OR OTHERWISE RELATING HERETO, REGARDLESS OF WHETHER THE SAME ARE FORESEEABLE OR IF DEEPHAVEN DIRECT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING, REPAIRS OR REPLACEMENT OF ANY EQUIPMENT, HARDWARE, SOFTWARE OR DATA YOU USE IN CONNECTION WITH YOUR USE OF THE WEBSITE AND THAT DEEPHAVEN DIRECT SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF, OR INABILITY TO USE, THE WEBSITE.DEEPHAVEN DIRECT MAKES NO REPRESENTATION OR WARRANTY THAT THE WEBSITE, CONTENT, SOFTWARE OR ANY PRODUCT OFFERED OR PURCHASED THROUGH THE WEBSITE IS APPLICABLE OR APPROPRIATE FOR USE OR ACCESS IN LOCATIONS OUTSIDE OF THE UNITED STATES.Notwithstanding anything to the contrary contained herein, Deephaven Direct's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Deephaven Direct for the PRODUCTS.

INDEMNIFICATION. You agree to indemnify and hold Deephaven Direct, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, damages, claim, actions, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Products in violation of this Agreement and/or arising from ANY USE OF THIS WEBSITE

FORCE MAJEURE.  Deephaven Direct shall not be liable for failing to perform its obligations hereunder because of circumstances reasonably beyond the control of Deephaven Direct. Such circumstances shall include (without limitation) any acts or omissions of any government or governmental authority, natural disaster, act of a public enemy, acts of terrorism, riot, sabotage, labor disputes, power failure, delays in transportation or deliveries of supplies or materials, acts of God, computer failure, hardware failure, telecommunications failure, software failure, failure of users to cooperate with the reasonable requests of Deephaven Direct, breach of this Agreement by users, and any other events reasonably beyond the control of Deephaven Direct.

Consent to Jurisdiction, Forum Selection and Choice of Law. By using the Website you expressly agree that if there is any dispute arising out of the Website and/or the Products, or in the event of any judicial action arising directly, indirectly, or otherwise in connection with, out of, related to or from this Agreement or any transaction covered hereby or otherwise arising in connection with the relationship between the parties, regardless of whether such action is brought under contract, tort, statute or otherwise, any such dispute shall be governed by the laws of the State of Minnesota, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Minnesota, in Hennepin County, for the resolution of any such dispute. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature, thereby precluding the possibility of litigation between the parties with respect to or arising out of this Agreement in any jurisdiction other than that specified in this paragraph. You hereby waive any right you may have to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this paragraph, and stipulate that the State and Federal courts located in the County of Hennepin, State of Minnesota shall have in personam jurisdiction and venue over you for the purpose of litigating any dispute, controversy, or proceeding arising out of or related to this Agreement. Any final judgment rendered against a party in any action or proceeding shall be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by law.

Entire Agreement. This Agreement contains the entire agreement between you and Deephaven Direct regarding the use of the Website. The Privacy Policy Statement (as modified by Deephaven Direct from time to time) is incorporated herein by this reference and made a part of this Agreement.

Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

Captions. The headings and captions of this Agreement are inserted for convenience of reference and do not define, limit or describe the scope or intent of this Agreement or any particular section, paragraph, or provision.Please contact us with any questions regarding this Agreement.

©2008 Deephaven Direct LLC.  All rights reserved.

Deephaven Direct Privacy Policy  

We respect your privacy when you visit our site. If you want to be an anonymous visitor, you can be.  We will collect personal information from you, including name, mailing address, telephone number and email address, if you place an order with us or if you use our Contact Us form.   If you provide this information to us, we will handle it as set forth in the policy.When you place an order, we will provide your name and address to our supplier for shipping purposes.  Our suppliers are also obligated to protect and not misuse your personal information.

When you visit our website, our Web server can obtain certain information about you and your computer. Internet browsers create small text files called "cookies". Cookies store information about the choices you make while visiting a website, and about your computer. For example, the cookie created while you visit our site will tell us what pages you access at www.deephavendirect.com.  However, cookies do not reveal, nor are we able to ascertain, your email address, your name, or any other personal information about you; we can obtain this information only if you give it to us. If cookies are of concern to you, most internet browsers allow you to decide which internet sites (if any) can create them. In fact, most browsers allow you to disable all cookies. We encourage you to learn more about cookies through the “Help” feature of your browser.

We currently use, or may use in the future, other tools to monitor internet traffic. These tools do not collect personal information about you.  The information we collect is used to improve the content and layout of our Web site, and may be used by us to contact consumers for marketing purposes. If you have questions or comments about our company, and if you would like to receive a response from us, we will need your name and address. If you want an electronic response, we only need your e-mail address.  We will not disclose your information to other entities or organizations without your approval, except for purposes of order fulfillment, or unless we are required to do so by law, government inquiry or other legal proceedings.

If, at any time, you do not want to receive email from us, please let us know by sending an email, calling or writing, and telling us that you do not want to receive email from our company.A note to parents: please do not let your children submit their personal information to us or to others over the internet. Rather, submit it to us on their behalf, if you deem it appropriate.We may revise this Privacy Policy from time to time. You are encouraged to visit it periodically if privacy issues are of interest to you. 

©2008 Deephaven Direct LLC.  All rights reserved.