Conditions of Use
Please read this carefully.
Your use of this Website constitutes your agreement to follow and be bound by all the following Terms and Conditions.
If you do not agree with any of these Terms and Conditions, do not use this Website.
In these Conditions of Use we link to Dive Gear Express's policies, practices, terms and conditions of sale regarding Ordering, Pricing & Payment, Shipping & Delivery, Return & Refund, Release of Liability and Assumption of Risk, including our Copyright and Privacy notices (collectively our "Terms and Conditions"). These Terms and Conditions apply to all websites and mobile applications (collectively our "Website") linking to or posting 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").
We reserve the right to update or modify our Terms and Conditions at any time without prior notice, with any such changes to be effective prospectively. Your use of this Website following any such change constitutes your agreement to follow and be bound by our Terms and Conditions as changed. For this reason, we encourage you to review our Terms and Conditions whenever you use this Website.
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS WEBSITE AND THE INTERNET GENERALLY. THIS WEBSITE 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 WEBSITE. 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 WEBSITE, 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 WEBSITE, ANY DELAYS ON THE SITE, OR THE INABILITY TO USE THE SITE, ANY PORTION THEREOF, 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.
Dive Gear Express, LLC DOES NOT ENDORSE NOR MAKE ANY WARRANTIES OR REPRESENTATIONs ABOUT ANY WEBSITE YOU MAY ACCESS THROUGH THIS WEBSITE. LINKS TO OTHER WEBSITES 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 WEBSITE.
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 TORTUOUS 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 OR ANY CONTENT ON THE WEBSITE, OR WITH THESE CONDITIONS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEBSITE, THAT YOUR USE OF THE WEBSITE 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 CONDITIONS OF USE
BY ACCESSING AND USING THIS WEBSITE, YOU AGREE THAT YOUR ACCESS TO AND USE OF THIS WEBSITE IS SUBJECT TO THESE CONDITIONS OF USE, AS WELL AS ALL APPLICABLE LAWS, AS GOVERNED AND INTERPRETED PURSUANT TO THE LAWS OF THE STATE OF FLORIDA, UNITED STATES OF AMERICA.
An impressum is a statement of authorship and ownership, legally required on websites in some countries, and contains information related to business operations, licenses, registrations, certifications, legal and tax matters.
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.