Terms Of Use
Terms and Conditions of Use
This site is the property of 1-800-Scuba-Dive.com ("8SD") and is offered
to you, the customer, conditioned on your acceptance without modification
of the terms, conditions and notices contained herein. Your use of this Web
site constitutes your agreement to all such terms, conditions and notices.
Please be aware that 8SD may revise these Terms and Conditions from time
to time by updating this posting. Such revised Terms and Conditions will
take effect as of the date of posting.
Use of This Site
This web site is for your personal information, entertainment, education
and communication. You should assume everything you see or read on the
web site is the property of 8SD and its licensors or partners. You may
not modify, copy, distribute, transmit, display perform, reproduce, publish,
license, create derivative works, transfer or sell information without
the prior written permission of 8SD.
Submission of Your Content
By submitting and/or posting Content to the website, you automatically grant
to 8SD a royalty-free, perpetual, irrevocable, non-exlcusive and fully
sublicensable right and license to use, reproduce, modify, adapt, publish,
edit, translate, distribute, perform, create derivative of and display
such Content alone, or as a part of other works in any form, media, or
technology, whether now known or hereafter developed. As a user, you
are responsible for your own Content and are responsible for the consequences
of your posting such Content. You must not do the following things: post
materials that are copyrighted, unless you are a copyright owner or have
the permission of the copyright owner to post it; post material that
violates any law or infringes on any other intellectual property rights
of others or on the privacy or publicity rights of others; post material
that is obscene, defamatory, threatening, harassing, abusive, hateful,
or embarrassing to another user or any other person or entity; post a
sexually-explicit image; post or transmit any advertisements, promotional
materials, "junk mail," "spam," chain letters, pyramid schemes or any
form of solicitation; impersonate another person or misrepresent your
affiliation with any person or organization; access the website to obtain
a list of users of the website; access or use any secure or non-public
areas of the website without authorization; or frame or link to the website.
8SD does not represent or guarantee the truthfulness, accuracy, or reliability
of any Content posted by other users or endorse any opinions expressed
by users. You acknowledge that any reliance on material posted by other
users will be at your own risk. 8SD does not screen communications in
advance and is not responsible for screening or monitoring material posted
by users. If 8SD becomes aware of any communication that allegedly does
not conform to these Terms and Conditions, 8SD may investigate the communication
and determine in good faith in its sole discretion whether to remove
or request the removal of the communication. 8SD has no liability or
responsibility to you for performance or nonperformance of such activities.
8SD reserves the right to remove Content, expel users and prevent their
further access to the website for violating these Terms and Conditions
or the law.
Liability Disclaimer
Your use of this website is at your risk. 8SD does not warrant or represent
that our Content is accurate, error-free, truthful or reliable or that
your use of such material will not infringe rights of third parties.
8SD does not warrant that the functional aspects of the website will
be error free or that this website or the server that makes it available
are free of viruses or other harmful components. If your use of this
website or our Content results in the need for servicing or replacing
property, material, equipment or data, 8SD is not responsible for those
costs. Without limiting the foregoing, everything on our website is provided
to you "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
8SD MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS,
OR TIMELINESS OF THE MATERIAL CONTAINED ON THIS WEBSITE, OR ABOUT ITS
SOFTWARE, TEXT, GRAPHICS, AND LINKS, OR RESULTS TO BE OBTAINED FROM USING
THE WEBSITE. Please note that some jurisdictions may not allow the exclusion
of implied warranties. As a result, some of the above exclusions may
not apply to you.
Limitation of Liability
NEITHER 8SD NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING
THIS WEBSITE SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL,
OR INDIRECT DAMAGES RESULTING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY
TO USE THIS WEBSITE AND OUR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT,
TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT 8SD IS ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
In addition, while 8SD makes every effort possible to work only with suppliers and vendors capable of providing the level of services and amenities expected by 8SD and its customers, 8SD shall not be held liable for the actions or inactions on the part of such suppliers and vendor resulting in any damages to custome.
Please note that some jurisdictions may not allow the exclusion or limitation of liability for consequential or incidental damages. As a result, some of the above exclusions may not apply to you.
Links to Third-Party Sites
8SD has not reviewed all of the sites linked to this website and is not responsible
for the availability, content or accuracy of any pages or other sites
linked via this website. The inclusion of any link to such sites does
not imply endorsement by 8SD of these sites. Your linking to any other
pages or sites is at your own risk. You agree that 8SD will not be liable
for any loss or damages you or any third party may suffer in connection
with third party pages or sites.
Termination
You agree that 8SD may terminate your use of this website if it believes
that you have violated or acted inconsistently with the letter or spirit
of these Terms and Conditions, violated the rights of 8SD or any third
party, or for any reason with or without notice to you. You agree that
8SD may modify or discontinue this website, with or without notice to
you. You agree that 8SD will not be liable to you or any third party
as a result of such modification or discontinuation.
General
This agreement is governed by the laws of the State of Arizona, USA. You
hereby consent to the exclusive jurisdiction and venue of courts in Maricopa
County, Arizona, USA, in all disputes arising out of or relating to the
use of this Web site. Use of this Web site is unauthorized in any jurisdiction
that does not give effect to all provisions of these terms and conditions,
including without limitation this paragraph. You agree that no joint
venture, partnership, employment, or agency relationship exists between
you and 8SD as a result of this agreement or use of this Web site. 8SD's
performance of this agreement is subject to existing laws and legal process,
and nothing contained in this agreement is in derogation of 8SD's right
to comply with law enforcement requests or requirements relating to your
use of this Web site or information provided to or gathered by 8SD with
respect to such use. If any part of this agreement is determined to be
invalid or unenforceable pursuant to applicable law including, but not
limited to, the warranty disclaimers and liability limitations set forth
above, then the invalid or unenforceable provision will be deemed superseded
by a valid, enforceable provision that most closely matches the intent
of the original provision and the remainder of the agreement shall continue
in effect. This agreement constitutes the entire agreement between the
customer and 8SD, with respect to this Web site and it supersedes all
prior or contemporaneous communications and proposals, whether electronic,
oral, or written, between the customer and 8SD, with respect to this
Web site. 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. Fictitious names
of companies, products, people, characters, and/or data mentioned herein
are not intended to represent any real individual,company, product, or
event. Any rights not expressly granted herein are reserved.
Large Purchases
8SD reserves the right to request an authorizing signature on purchases exceeding
a predetermined amount (currently $300) in an effort to protect against
the possiblity of credit card fraud. This is primarily aimed at protecting
the gift purchasers and so requires an active communication effort with
them as well as their cooperation. Please note that these funds may be
subject to escrow until authorization for an unspecified period of time.
Indemnity
You agree to defend, indemnify, and hold harmless 8SD, its officers, directors,
employees and agents, from and against any claims, actions or demands,
including without limitation reasonable legal and accounting fees, arising
from your use of this website or our Content or your breach of these
Terms and Conditions. 8SD shall provide notice to you promptly of any
such claim, suit, or proceeding and shall assist you, at your expense,
in defending any such claim, suit or proceeding.
Arbitration
In the event a dispute arises between customer and 8SD, customer agrees that
such dispute shall be settled by arbitration and that any determination
made during arbitration shall be binding upon both parties involved in
said dispute. Arbitration shall take place in Maricopa county Arizona.
Password
You may receive a password in connection with your use of this website. You
will be responsible to maintain the confidentiality of your password
and account, and will be solely responsible for all activities that occur
under your password and account.
Our Address
1-800-Scuba-Dive.com, Inc.
3370 N. Hayden Rd., #123-322
Scottsdale, AZ 85251