Conditions of Use
Website Terms and Conditions
This page explains the terms that apply when you access or use this Website, and links to the related policies that govern orders, payment, shipping, returns, liability, copyright, and privacy.
Use of this Website
Your use of this Website indicates acceptance of these terms and related policies.
By using this Website, you agree to these Conditions of Use and the related Terms and Conditions described below. If you do not agree, do not use this Website.
These Conditions of Use incorporate Dive Gear Express's policies, practices, terms, and conditions regarding Ordering, Pricing & Payment, Shipping & Delivery, Return & Refund, Release of Liability and Assumption of Risk, as well as our Copyright and Privacy notices (collectively, the "Terms and Conditions"). These Terms and Conditions apply to all websites and mobile applications (collectively, the "Website") that link to or post this statement and that are operated by Dive Gear Express, LLC or any of its divisions or affiliates (collectively, "Dive Gear Express", "DGX", "we", "us", and "our"). In the event of any conflict, the terms applicable to a specific transaction, including Ordering and related policies, govern that transaction.
Updates and changes
Terms may change over time; continued use reflects acceptance of updates.
We may update or modify these Terms and Conditions from time to time without prior notice. Any such changes apply prospectively. Your continued use of the Website after changes are posted constitutes your agreement to the Terms and Conditions as updated.
Acceptable use
The Website is intended for lawful, personal use related to evaluating and purchasing products.
You agree not to use the Website in a manner that interferes with its operation or security, or that is unlawful, fraudulent, or abusive. This includes, without limitation, attempting to gain unauthorized access to systems or data, interfering with site functionality, or using automated means to extract or scrape content or data from the Website.
Website disclaimer
This Website is provided without guarantees regarding performance or availability.
This Website is provided by Dive Gear Express, LLC on an "as is" basis. You assume responsibility and risk for your use of this Website and the internet generally.
To the fullest extent permitted by applicable law, Dive Gear Express, LLC makes no representations or warranties of any kind, express or implied, regarding the operation of the Website or the information, content, materials, or products included on it. This includes, without limitation, implied warranties of merchantability, fitness for a particular purpose, noninfringement of intellectual property or other proprietary rights, and freedom from errors, viruses, bugs, or other harmful components.
To the fullest extent permitted by applicable law, Dive Gear Express, LLC will not be liable for damages of any kind arising from or related to the use of this Website, including direct, indirect, incidental, special, punitive, or consequential damages, damages resulting from loss of use, data, profits, or business interruption, or damages arising from delays, inability to use the Website, any portion of it, or any hyperlinked website, 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.
Links to other websites are provided for convenience only. Dive Gear Express, LLC does not endorse, and makes no warranties or representations regarding, any website you may access through this Website.
Limitation of liability
Liability is limited to the fullest extent permitted by law.
Under no circumstances shall Dive Gear Express, LLC, or any of its employees, members, agents, vendors, or suppliers, be liable for any losses or damages arising out of or in connection with the use of, or inability to use, this Website.
This limitation applies to all losses and damages of any kind, whether general, special, consequential, incidental, exemplary, or otherwise, including loss of data, income, or profits, whether arising 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 Website, any content on the Website, or these Conditions of Use, your sole and exclusive remedy is to discontinue using this Website. By using this Website, you acknowledge that use of the Website is at your sole risk.
Applicable law may not allow certain limitations of liability, so portions of the limitation above may not apply to you. If any part of this limitation is found to be invalid or unenforceable, then the aggregate liability of Dive Gear Express, LLC under those circumstances shall not exceed one hundred dollars ($100).
Indemnification
You agree to take responsibility for misuse of the Website.
You agree to indemnify, defend, and hold harmless Dive Gear Express, LLC, and its employees, members, agents, vendors, and suppliers from and against any claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees, arising out of or related to your use of the Website, your violation of these Conditions of Use, or your violation of any law or the rights of a third party.
Access and termination
Access to the Website may be restricted if necessary to protect operations or users.
We reserve the right to suspend or restrict access to the Website, in whole or in part, at any time, without notice, where reasonably necessary to protect the Website, our business, or other users.
Applicable law
These terms are governed by Florida law.
Your use of this Website is governed by these Conditions of Use and all applicable laws, and is interpreted under the laws of the State of Florida, United States of America.
Severability
If one part of these terms is unenforceable, the remainder still applies.
If any provision of these Conditions of Use is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Our Impressum
Dive Gear Express® is the author and owner of this website. Dive Gear Express offers experienced divers an informative business where divers may purchase quality scuba diving equipment. We primarily do business on-line as an international e-commerce B2C retailer under the name DiveGearExpress.com and other domain names. In addition to retail consumer sales, we do B2B sales to smaller dive equipment retailers. We also do business as a South Florida local storefront retailer where we sell that same equipment along with dive training.
Dive Gear Express operates a 6,900 square foot showroom, office and warehouse located at Powerline Business Park in Deerfield Beach, Florida, USA. Retail business hours are 9:00AM to 4:30PM Monday through Friday (Eastern Time). We are a voting member of Diving Equipment and Marketing Association (DEMA). Dive Gear Express meets the standards of the International Association of Nitrox and Technical Divers as an IANTD Platinum Premier Full Service Technical Facility. We are a business member of DAN, the Divers Alert Network.
4100 N Powerline Rd STE E-1
Pompano Beach, FL 33073 USA
Voice: +1 954.977.6009
Dive Gear Express LLC is a U.S.-based, member-managed limited liability company that has elected S corporation tax treatment for federal income tax purposes. It was organized in 2010 in the State of Florida under document number #L10000111097, and our principal member-manager is Mr. Mark E. Derrick. We hold business licenses in Broward County and the City of Deerfield Beach.
Our primary business activity NAICS code (U.S. 2022) is 459110. Our D&B D-U-N-S Number is 054387391, our Federal Taxpayer ID (aka EIN) is 27-3788168, and we certify (Our Signed Form W-9 PDF) that we are not subject to backup withholding.
Our Commercial and Government Entity (CAGE) code is 79ZV5, our SAM.gov Unique Entity ID (UEI) is DLFVSNBDYKW6, and per NDAA Section 889 we represent (Our 889 Merchant Representation PDF) that we do not sell or use covered telecommunications equipment. We have adopted a Business Ethics and Compliance Policy.
The trademark gears logo with wordmark text “DIVE GEAR EXPRESS” is registered with the USPTO and is protected internationally through WIPO-administered registrations. Please see our Website Conditions of Use and related pages for additional information.
