Dive Gear Express - Order Terms and Conditions
ATTENTION, by clicking the Place Order button indicating agreement to our Website Conditions of Use along with the following Release of Liability and Assumption of Risk (collectively our "Terms and Conditions") you are giving up rights to sue and to recover monetary damages from Dive Gear Express for personal injury or wrongful death resulting from the use of any products and services purchased from us.
I agree that, in consideration of Dive Gear Express LLC selling me products, equipment and services (collectively "Products"), I am giving up rights to sue Dive Gear Express LLC, its members, employees and agents (collectively “DGX”) if I am injured or die as a result of using any Products from DGX regardless of whether my injuries or death were caused by the negligence of DGX or any third party or as a result of any defect in said Products.
I further agree to expressly assume all risks, whether foreseen or unforeseen, relative to the use of any Products from DGX and I will not hold DGX liable if I am injured or die as a result of using said Products. I agree that I am not relying on any recommendations, advice or opinions contained in DGX’s website, or in any form of communications from DGX, for my selection or use of any Products. I agree that whether I use any Products in a manner that is consistent or inconsistent with the manufacturers recommendations or my training, I will not seek to hold DGX liable if I am injured or die as a result of my use of any Products.
I also agree that this agreement will be governed by the laws of the State of Florida and any legal proceedings arising out of my purchase or use of any Products from DGX will occur in a court of competent jurisdiction in Broward County, Florida. Likewise, I agree that if this release is declared invalid for any reason then, in that event, I agree that I will arbitrate all claims, including claims for personal injury or wrongful death, arising out of my purchase and use of the Products, in Broward County, Florida and that the arbitration proceedings will be governed by Florida Rule of Civil Procedure 1.830 and Florida Statutes §44.104, regarding Voluntary Binding Arbitration. I agree that if arbitration occurs, each party will select an arbitrator who will then select a chief arbitrator who meets the requirements of the aforesaid Florida laws. I agree that each party will compensate their selected arbitrator and share equally in the reasonable compensation of the chief arbitrator.
I also agree to waive any rights I have against DGX for breach of express or implied warranties relative to any Products I am purchasing from DGX other than the manufacturers express warranties for the Products.
I also agree that if any portion of this release is declared invalid, then the remaining portions will remain in full force and effect.
I have fully informed myself of the contents of this liability release and assumption of risk agreement along with the Website Conditions of Use. I am clicking the Place Order button indicating my agreement and full consent to these Terms and Conditions on behalf of myself, my estate, my heirs and my beneficiaries.