Please take a few minutes to review these Web Site Terms and Conditions; for Order Terms and Conditions go HERE. You may also wish to review our general business policies for Orders, Shipping, and Returns. Your use of this Web site constitutes your agreement to follow these rules and to be bound by them. If you do not agree with any of these Terms and Conditions, do not use this web site. This web site is owned and operated by Dive Gear Express, LLC.
These Terms and Conditions May Change
Dive Gear Express, LLC reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of this Web site following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this Web site.
We welcome your comments regarding this Web site. However, any comments, feedback, notes, messages, ideas, suggestions, or other communications sent to us shall be and remain the exclusive property of Dive Gear Express, LLC. Your submission of any such material shall constitute an assignment to Dive Gear Express, LLC of all worldwide rights, titles, and interests in all copyrights and other intellectual property rights in the material. Dive Gear Express, LLC will be entitled to use, reproduce, disclose, publish, and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any material that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code, photography, or original artwork.
Correction of Errors and Inaccuracies
The information on this Web site may contain typographical errors or inaccuracies and may not be complete or current. We, therefore, reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. Please note that such errors, inaccuracies, or omissions may relate to product description, pricing, and availability.
Links to Other Web Sites
The Web site contains links to other Web sites so that you may learn more about our products and other matters that we feel may be of interest to you. We provide these links to you only as a convenience, and the inclusion of any link does not imply endorsement of the site or any association with its operators. While we will make reasonable efforts to ensure that these Web sites will meet your approval, we do not have control over, and are in no manner responsible or liable for, the availability and content of the Web sites to which this Web site is linked. Dive Gear Express, LLC makes no representations whatsoever about any other site you may access through this Web site.
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE AND THE INTERNET GENERALLY. THIS SITE IS PROVIDED BY Dive Gear Express, LLC ON AN "AS IS" BASIS. Dive Gear Express, LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Dive Gear Express, LCC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. Dive Gear Express, LLC WILL NOT BE LIABLE FOR ANY DAMAGES OR ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL DAMAGES, OR DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, ANY DELAYS ON THE SITE, OR THE INABILITY TO USE THE SITE, ANY PORTION THEREOF, OR ANY HYPERLINKED WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Dive Gear Express, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Dive Gear Express, LLC DOES NOT ENDORSE NOR MAKE ANY WARRANTIES OR REPRESENTATIONs ABOUT ANY WEB SITE YOU MAY ACCESS THROUGH THIS WEB SITE. LINKS TO OTHER SITES ARE PROVIDED FOR CONVENIENCE ONLY.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, SHALL Dive Gear Express, LLC OR ANY OF THEIR EMPLOYEES, MEMBERS, AGENTS, VENDORS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEB SITE.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF Dive Gear Express, LLC HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THIS WEB SITE OR ANY CONTENT ON THE SITE, OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEB SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEB SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF Dive Gear Express, LLC UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
ENFORCEMENT OF TERMS AND CONDITIONS
BY ACCESSING AND USING THE WEB SITE, YOU AGREE THAT YOUR ACCESS TO AND USE OF THIS WEB SITE IS SUBJECT TO THESE TERMS AND CONDITIONS, AS WELL AS ALL APPLICABLE LAWS, AS GOVERNED AND INTERPRETED PURSUANT TO THE LAWS OF THE STATE OF FLORIDA, UNITED STATES OF AMERICA.