No Liability Statement and Limitation of Liability for Deep and Steep LLC
This No Liability Statement and Limitation of Liability (the “Statement”) is issued by Deep and Steep LLC (“Deep and Steep,” “we,” “us,” or “our”) and applies to all skydiving and air sports products manufactured, sold, or distributed by Deep and Steep, including all altimeters, sensors, mobile applications, firmware, and accompanying documentation (collectively, “the Products”). Skydiving and all air sports are inherently dangerous activities that can result in serious injury or death, independent of any equipment used. PLEASE READ THIS STATEMENT CAREFULLY BEFORE USING THE PRODUCTS.
1. Nature of the Products; Not a Life-Saving Device. The Products are informational instruments only. They are designed to provide altitude, speed, and related data using a barometric pressure sensor, satellite (GNSS) positioning, and/or other electronic sensors, for the User’s reference during ground preparation, freefall, and canopy flight. THE PRODUCTS ARE NOT LIFE-SAVING EQUIPMENT AND ARE NOT DESIGNED, MANUFACTURED, TESTED, OR CERTIFIED TO THE STANDARDS APPLICABLE TO LIFE-SAVING EQUIPMENT SUCH AS RESERVE PARACHUTES, AUTOMATIC ACTIVATION DEVICES (AADs), OR OTHER TSO-CERTIFIED SAFETY EQUIPMENT. The Products are not a substitute for, and must never be relied upon in place of, such life-saving equipment, proper training, or the User’s own judgment.
2. Acknowledgment of Inherent Risks. Users acknowledge that skydiving and all air sports are high-risk activities involving inherent and unavoidable dangers, known and unknown, including but not limited to: equipment failure or malfunction (including failure of the Products); parachute malfunction; aircraft malfunction; adverse or rapidly changing weather conditions; the unpredictability of freefall and canopy flight; collision with other jumpers, aircraft, obstacles, or terrain; and human error, whether the User’s own or that of any other person involved in the jump.
3. Known Sources of Inaccuracy or Failure in the Products. Users acknowledge and agree that, like all electronic instruments, the Products are subject to inaccuracy, delay, or complete failure. Without limiting the generality of the foregoing, such inaccuracy or failure may result from, or be affected by, the following:
- Barometric sensor limitations — changes in local or regional barometric pressure during a jump; extreme ambient temperature; failure to zero or calibrate the device before use; a difference between takeoff-location and landing-location elevation; reduced accuracy or non-function outside the device’s rated operating altitude range.
- GNSS/satellite positioning limitations — signal loss, degradation, or delay caused by the aircraft fuselage prior to exit, cloud cover, canopy fabric, terrain, multipath interference, or satellite geometry; delay in acquiring or reacquiring a position fix.
- Environmental and mechanical factors — water intrusion beyond the Product’s rated depth or duration; impact, shock, or vibration damage; extreme heat or cold affecting sensor or battery performance; normal wear, aging, or degradation of components over time.
- Electronic and software factors — battery depletion, failure, or incorrect installation; firmware defects or bugs; errors introduced by firmware or software updates; sensor drift; manufacturing defects.
- User and usage factors — incorrect mounting position (chest-mounted devices are more susceptible to erroneous readings during tumbling or in the burble/wake of the User’s body than wrist-mounted devices); failure to verify correct operation before each jump; misreading or misunderstanding displayed information, including unit of measurement (feet versus meters); any modification, unauthorized repair, or use of the Products inconsistent with the applicable user manual.
- Undetectable malfunction — a malfunction, error, or miscalibration of the Products may not be apparent to the User during freefall, under canopy, or at any other time before or during use.
This list is illustrative and not exhaustive. Deep and Steep does not represent or warrant that this list identifies every way in which the Products could be or become inaccurate or fail.
4. No Reliance on the Products for Safety-Critical Decisions. The Products must never be the User’s sole or primary basis for any safety-critical decision, including but not limited to the decision of when to initiate deployment of a main or reserve parachute. Users must, at all times, maintain independent visual altitude awareness and use one or more independent backup methods of determining altitude, which may include a second altimeter, an audible altimeter, and/or an Automatic Activation Device. Deep and Steep does not guarantee, and expressly disclaims, the accuracy, reliability, timeliness, or suitability of the Products for any safety-critical purpose.
5. Not a Substitute for Training or Certification. The Products, and any documentation accompanying them, are not a substitute for proper skydiving or other activity specific training, licensing, or certification from qualified instructors and organizations. The Products are intended for use only by persons who are licensed jumpers or students actively enrolled in an approved training program under qualified supervision. It is each User’s sole responsibility to obtain and maintain appropriate training and to exercise independent judgment during every jump.
6. Assumption of Risk. By using the Products, the User voluntarily and knowingly assumes all risks associated with skydiving and other air sports, whether arising from the activity itself or from the use of the Products, and whether such risks are known or unknown, foreseen or unforeseen. The User agrees that any decision made before, during, or after a jump must be based on the User’s own comprehensive assessment of all relevant factors, and not on the Products alone.
7. Disclaimer of Warranties. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. DEEP AND STEEP DOES NOT WARRANT THAT THE PRODUCTS WILL BE ACCURATE, UNINTERRUPTED, ERROR-FREE, OR FREE OF DEFECTS, OR THAT ANY DATA THEY DISPLAY WILL BE CORRECT.
8. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DEEP AND STEEP, ITS OFFICERS, EMPLOYEES, AGENTS, DEALERS, DISTRIBUTORS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY CLAIM, DEMAND, LOSS, DAMAGE, INJURY, OR DEATH ARISING OUT OF OR RELATED TO THE USE, MISUSE, OR INABILITY TO USE THE PRODUCTS, WHETHER BASED ON A THEORY OF NEGLIGENCE, BREACH OF WARRANTY, STRICT LIABILITY, PRODUCT DEFECT, OR ANY OTHER LEGAL THEORY, AND EVEN IF DEEP AND STEEP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. IF, NOTWITHSTANDING THE FOREGOING, DEEP AND STEEP IS FOUND LIABLE FOR ANY DAMAGES, DEEP AND STEEP’S TOTAL LIABILITY SHALL NOT EXCEED THE PURCHASE PRICE PAID BY THE USER FOR THE SPECIFIC PRODUCT GIVING RISE TO THE CLAIM.
9. Indemnification. The User agrees to indemnify, defend, and hold harmless Deep and Steep, its officers, employees, agents, dealers, distributors, and affiliates from and against any and all claims, demands, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to the User’s use of the Products or breach of this Statement, including claims brought by third parties.
10. Governing Law and Venue. This Statement is governed by, and shall be interpreted in accordance with, the laws of the State of Florida, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to this Statement or the Products shall be subject to the exclusive jurisdiction and venue of the state and federal courts located in Florida, and the User consents to personal jurisdiction in those courts.
11. Severability. If any provision of this Statement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect, and the invalid or unenforceable provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable.
12. Entire Statement. This Statement, together with any applicable product warranty and user manual, constitutes the entire agreement between the User and Deep and Steep with respect to the subject matter herein, and supersedes all prior or contemporaneous understandings, whether written or oral.
13. Acknowledgment and Acceptance. BY PURCHASING, ACTIVATING, OR USING THE PRODUCTS, THE USER ACKNOWLEDGES THAT THEY HAVE READ AND UNDERSTOOD THIS STATEMENT IN ITS ENTIRETY, THAT THE PRODUCTS ARE INFORMATIONAL DEVICES ONLY AND NOT LIFE-SAVING EQUIPMENT, AND THAT THE USER AGREES TO BE BOUND BY ITS TERMS. IF THE USER DOES NOT AGREE TO THESE TERMS, THE USER MUST NOT USE THE PRODUCTS AND SHOULD RETURN THEM, UNUSED, TO THE POINT OF PURCHASE.
