Website Terms of Use
Last Revised on January 1, 2020
AGREEMENT BETWEEN CUSTOMER AND DIVER SUPPLY OUTLET, LLC.
Welcome to diversupplyoutlet.com website (the “Website”). This Website is provided solely to assist customers in determining the availability of dive—related goods and services, making legitimate purchases or otherwise transacting business with suppliers, and for no other purposes. The terms “we”, “us”, “our”, “Diver Supply Outlet” and “Diver Supply Outlet, LLC.” refer to Diver Supply Outlet, LLC., a Utah corporation, and its subsidiaries and corporate affiliates, Scubagearonline, LLC, and The Dive Shop, LLC (collectively, the “The Dive Shop Companies”). The term “you” refers to the customer visiting the Website and/or booking a reservation through us on this Website, or through our customer service agents.
This Website is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the “Terms of Use” or “Agreement”). Please read these Terms of Use carefully, as they contain important information about limitations of liability and resolution of disputes through arbitration rather than in court. You should also read our Privacy Policy, which also governs your use of the Website, and is incorporated by reference in this Agreement. By accessing or using this Website, booking any reservations for travel products or services on this Website, or contacting our call center agents, you agree that the Terms of Use then in force shall apply. If you do not agree to the Terms of Use, please do not use or purchase items through this Website.
USE OF THE WEBSITE
As a condition of your use of this Website, you warrant that:
· you are at least 18 years of age;
· you possess the legal authority to create a binding legal obligation;
· you will use this Website in accordance with these Terms of Use;
· you will only use this Website to make legitimate purchases for you or for another person for whom you are legally authorized to act;
· you will inform such other persons about the Terms of Use that apply to the reservations you have made on their behalf, including all rules and restrictions applicable thereto;
· all information supplied by you on this Website is true, accurate, current and complete; and
· if you have a The Dive Shop.com account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you.
We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of these Terms of Use.
DISPUTES
Diver Supply Outlet, LLC is committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve your concerns. But if we are unsuccessful, you may pursue claims as explained in this section.
You agree to give us an opportunity to resolve any disputes or claims relating in any way to the Website, any dealings with our customer service agents, any services or products provided, any representations made by us, or our Privacy Policy (“Claims”) by contacting Diver Supply Outlet Customer Support (email@diversupplyoutlet.com) or 1-801-295-5445. If we are not able to resolve your Claims within 60 days, you may seek relief through arbitration or in small claims court, as set forth below.
Any and all Claims will be resolved by binding arbitration, rather than in court, except you may assert Claims on an individual basis in small claims court if they qualify. This Includes any Claims you assert against us, our subsidiaries, suppliers or any companies offering products or services through us (which are beneficiaries of this arbitration agreement). This also Includes any Claims that arose before you accepted these Terms of Use, regardless of whether prior versions of the Terms of Use required arbitration.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (Including statutory damages, attorneys’ fees and costs), and must follow and enforce these Terms of Use as a court would.
Arbitrations will be conducted by the American Arbitration Association (AAA) under its rules, Including the AAA Consumer Rules. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, except as provided in this section. If your total Claims seek less than $10,000, we will reimburse you for filing fees you pay to the AAA and will pay arbitrator’s fees. You may choose to have an arbitration conducted by telephone, based on written submissions, or in person in the state where you live or at another mutually agreed location.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Claims to “Diver Supply Outlet Legal: Arbitration Claim Manager,” at Diver Supply Outlet, LLC., 429 W 500 S Bountiful, UT 84010. If we request arbitration against you, we will give you notice at the email address or street address you have provided. The AAA’s rules and filing instructions are available at www.adr.org or by calling 1-801-295-5445.
Any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a Claim proceeds in court rather than in arbitration we each waive any right to a jury trial. The Federal Arbitration Act and federal arbitration law apply to this agreement. An arbitration decision may be confirmed by any court with competent jurisdiction.
PROHIBITED ACTIVITIES
The content and information on this Website as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. While you may make limited copies of your purchases made through this Website, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:
· use this Website or its contents for any commercial purpose;
· make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
· access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
· violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
· take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
· deep—link to any portion of this Website for any purpose without our express written permission; or
· “frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorization.
If your purchase shows signs of fraud, abuse or suspicious activity, Diver Supply Outlet may cancel any purchases associated with your name, email address or account, and close any associated Diver Supply Outlet accounts. If you have conducted any fraudulent activity, Diver Supply Outlet reserves the right to take any necessary legal action and you may be liable for monetary losses to The Dive Shop, Including litigation costs and damages. To contest the cancellation of an order or freezing or closure of an account, please contact Diver Supply Outlet Customer Service.
PRIVACY POLICY
Diver Supply Outlet LLC. believes in protecting your privacy. Please review our current Privacy Policy, which also governs your use of the Website and, as stated above, is incorporated by reference, to understand our practices see our Privacy Policy.
SUPPLIER RULES AND RESTRICTIONS
Additional terms and conditions will apply to your purchases of goods and services that you select. Please read these additional terms and conditions carefully. You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal, Including, but not limited to, payment of all amounts when due and compliance with the supplier’s rules and restrictions regarding availability and use of fares, products, or services. We reserve the right to cancel your purchase if full payment is not received in a timely fashion.
You acknowledge that some third-party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such supplier’s rules and restrictions may result in cancellation of your service(s), in your being denied access to the applicable product or services, in your forfeiting any monies paid for such service(s), and/or in our debiting your account for any costs we incur as a result of such violation.
BANK AND CREDIT CARD FEES
Your payment is processed in the United States, when we process your payment. When a supplier processes your payment, it will be processed in the country in which the supplier is based.
Diver Supply Outlet or the supplier may have to verify: (i) the validity of the payment card (through a charge of a nominal value that is either refunded within a few days or deducted from the final payment due to the travel supplier) and, (ii) the availability of funds on the payment card (to be confirmed by the bank issuing your credit card).
Some banks and credit card companies impose fees for international or cross border transactions. For instance, if you are making a purchase using a US-issued card with a non-US merchant, your bank may charge you a cross border or international transaction fee. In addition, some banks and card companies impose fees for currency conversion. For instance, if you are making a booking in a currency other than the currency of your credit card, your credit card company may convert the booking amount to the currency of your credit card and charge you a conversion fee. The currency exchange rate and foreign transaction fee is determined solely by your bank on the day that they process the transaction. If you have any questions about these fees or the exchange rate applied to your booking, please contact your bank.
Returns and Refunds
Sales are generally considered As-Is and final at checkout. Requests for returns and refunds should be sent to Diver Supply Outlet at (801) 295-5445; no returns are permitted without a Return Authorization from Diver Supply Outlet. Under extenuating circumstances, a refund could be considered, however if a return/refund is approved by Diver Supply Outlet, a restocking fee of 15% will be charged and any shipping expenses already incurred will not be refunded.
LIABILITY DISCLAIMER
The Information, Software, Products and Services published on this Website may include inaccuracies or errors, Including pricing errors. In particular, Diver Su0ply Outlet and The Dive Shop Partners do not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of the hotel, air, cruise, car and other travel products and services displayed on this Website (Including, without limitation, the pricing, photographs, list of hotel amenities, general product descriptions, etc.). In addition, Diver Supply Outlet, LLC. expressly reserves the right to correct any pricing errors on our Website and/or reservations made under an incorrect price. In such event, if available, we will offer you the opportunity to keep your reservation at the correct price or we will cancel your reservation without penalty.
Diver Supply Outlet makes no guarantees about the availability of specific products and services. Diver Supply Outlet may make improvements and/or changes on the Website at any time.
Diver Supply Outlet makes no representations about the suitability of the information, software, products and services contained on this Website for any purpose, and the inclusion or offering of any products or services on this Website does not constitute any endorsement or recommendation of such products or services by Diver Supply Outlet. All such information, software products, and services are provided “as is” without warranty of any kind. Diver Supply Outlet and their respective suppliers disclaim all warranties and conditions that this Website, its servers or any email sent from Diver Supply Outlet are free of viruses or other harmful components. Diver Supply Outlet and their respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products and services, Including all implied warranties and conditions of merchantability, fitness for a particular response, title and non-infringement.
The carriers, hotels and other suppliers providing travel or other services on this Website are independent contractors and not agents or employees of Diver Supply Outlet. Diver Supply Outlet is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting there from. Diver Supply Outlet has no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority.
In no event shall Diver Supply Outlet and/or their respective suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, your access to, display of or use of this Website or with the delay or inability to access, display or use this Website (Including, but not limited to, your reliance upon opinions appearing on this Website; any computer viruses, information, software, linked sites, products and services obtaining through this Website; or otherwise arising out of the access to, display of or use of this Website) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if Diver Supply Outlet and/or their respective suppliers have been advised of the possibility of such damages.
If, despite the limitation above, Diver Supply Outlet or their respective suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of Diver Supply Outlet and/or their respective suppliers will in no event exceed, in the aggregate, the greater of (a) the service fees you paid to Diver Supply Outlet, LLC. in connection with such transaction(s) on this Website, or (b) One-Hundred Dollars (US$100.00) or the equivalent in local currency.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms of Use is found to have failed of its essential purpose. The limitations of liability provided in these Terms of Use inure to the benefit of The Dive Shop and/or their respective suppliers.
INDEMNIFICATION
You agree to defend and indemnify Diver Supply Outlet and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature Including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
· your breach of these Terms of Use or the documents referenced herein;
· your violation of any law or the rights of a third party; or
· your use of this Website.
LINKS TO THIRD-PARTY SITES
This Website may contain hyperlinks to websites operated by parties other than Diver Supply Outlet, LLC. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
REVIEWS, COMMENTS, PHOTOS AND OTHER SUBMISSIONS
We appreciate hearing from you. Please be aware that by submitting content to this Website by electronic mail, postings on this Website or otherwise, Including any hotel reviews, photos, videos, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”), you grant Diver Supply Outlet and the affiliated, co-branded and/or linked website partners through whom we provide service a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission. You acknowledge that Diver Supply Outlet may choose to provide attribution of your comments or reviews (for example, listing your name and hometown on a trip review that you submit) at our discretion, and that such submissions may be shared with our supplier partners. You further grant Diver Supply Outlet the right to pursue at law any person or entity that violates your or Diver Supply Outlet’s rights in the Submissions by a breach of these Terms of Use. You acknowledge and agree that Submissions are non-confidential and non-proprietary. You expressly waive any and all ‘moral rights’ (Including rights of attribution or integrity) that may subsist in your Submissions and agree that you have no objection to the publication, use, modification, deletion or exploitation of your Submissions by us, Diver Supply Outlet affiliates or any of our licensees. We take no responsibility and assume no liability for any Submissions posted or submitted by you. We have no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published on the Website. If you do not agree to these Terms of Use, please do not provide us with any Submissions.
You are fully responsible for the content of your Submissions, (specifically Including, but not limited to, reviews posted to this Website). You are prohibited from posting or transmitting to or from this Website:
(i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law;
(ii) any commercial material or content (Including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and
(iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website. You acknowledge that Diver Supply Outlet may exercise its rights (e.g. use, publish, delete) to any content you submit without notice to you. If you submit more than one review for the same hotel, only your most recent submission is eligible for use.
PHOTOGRAPHS
By submitting photos to Diver Supply Outlet, you give consent to Diver Supply Outlet and its affiliates to use, reproduce, and publish said images with full right of disposition in any manner whatsoever, including the right to publish on Diver Supply Outlet and Diver Supply Outlet’s affiliates’ websites or printed material. You further release Diver Supply Outlet from any and all claims whatsoever in connection with the use, reproduction, publication of the images thereof.
Diver Supply Outlet claims no affiliation with, or endorsement of any photos that are submitted by end users through our sites.
Diver Supply Outlet’s policies with respect to claims by third parties that the content of the Website, Including the content of any Submissions, infringes the copyrights owned by said third party can be found in the Claims of Copyright Infringement section below.
COPYRIGHT AND TRADEMARK NOTICES
All contents of this Website are ©2020 Diver Supply Outlet , LLC. All rights reserved. Diver Supply Outlet, DiverSupplyOutlet .com, Diver Supply Outlet logo, Scuba Gear Online, ScubaGearOnline.com, The Dive Shop, and the-dive-shop.com are either registered trademarks or trademarks of The Dive Shop, LLC. in the U.S. and/or other countries. Other logos and product and company names mentioned herein may be the trademarks of their respective owners. Diver Supply Outlet , LLC. is not responsible for content on websites operated by parties other than Diver Supply Outlet, LLC.
If you are aware of an infringement of our brand, please let us know by emailing us email@diversupplyoutlet.com. We only address messages concerning brand infringement at this email address.
ACCOUNT TERMINATION
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Diver Supply Outlet has adopted a policy of terminating, in appropriate circumstances and at Diver Supply Outlet‘s sole discretion, subscribers or account holders who are deemed to be repeat infringers. Diver Supply Outlet may also at its sole discretion limit access to the Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that an account holder or subscriber is a repeat infringer, please provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer when filing your notice.
NOTICE OF INFRINGING MATERIAL
If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that Includes the following information. Please note that we will not process your complaint if it is not properly filled out or is incomplete. Any misrepresentations in your notice regarding whether content or activity is infringing may expose you to liability for damages.
· A clear identification of the copyrighted work you claim was infringed.
· A clear identification of the material you claim is infringing on the Website, such as a link to the infringing material.
· Your address, email address and telephone number.
· A statement that you have a “good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”
· A statement that “the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
· A signature by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You may send us your notice by email to email@diversupplyoutlet.com, by fax to (801) 295-5445, Attn: IP/Trademark Legal Dept., DMCA Complaints, or by using the contact information below.
COUNTER NOTICES
If material you have posted has been taken down, you may file a counter-notification by fax or regular mail that sets forth the items specified below. You may want to seek legal counsel prior to doing so. Please include the following details:
Identification of the specific content that was removed or disabled and the location that content appeared on Diver Supply Outlet’s Website. Please provide the URL address if possible.
· Your name, mailing address, telephone number and email address.
· A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Diver Supply Outlet, LLC. may be found, and that you will accept service of process from the party who reported your content, or that party’s agent.
· The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the content identified above was removed or disabled as a result of a mistake or misidentification.”
· Sign the paper.
Send the written communication to the following address:
Diver Supply Outlet, LLC.
Attn: IP/Trademark Legal Dept., DMCA Complaints
429 West 500 South
Bountiful, UT 84010
OR you may fax it to: (801) 295-5445, Attn: IP/Trademark Legal Dept., DMCA Complaints For any additional questions regarding the DMCA process for The Dive Shop, please contact us at (801) 295-5445.
GENERAL
These Terms of Use are governed by the Federal Arbitration Act, federal arbitration law, and for reservations made by U.S. residents, the laws of the state in which your billing address is located, without regard to principles of conflicts of laws. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, Including, without limitation, this paragraph.
You agree that no joint venture, partnership, or employment relationship exists between you and The Dive Shop as a result of this Agreement or use of this Website.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use.
If any part of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of this Agreement at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
This Agreement (and any other terms and conditions or policies referenced herein) constitutes the entire agreement between you and Diver Supply Outlet, LLC. with respect to this Website, our services and your dealings and relationships with us, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial, arbitration or any other administrative proceedings 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 on this Website are not intended to represent any real individual, company, product, or event.
Any rights not expressly granted herein are reserved.
SERVICE HELP
For quick answers to your questions or ways to contact us, call us at (801) 295-5445 or email us at email@The-Dive-Shop.com. Or, you can write to us at:
Diver Supply Outlet, LLC.
Attn: Customer Service
429 West 500 South
Bountiful, UT 841010
GENERAL
These Terms of Use are governed by the Federal Arbitration Act, federal arbitration law, and for reservations made by U.S. residents, the laws of the state in which your billing address is located, without regard to principles of conflicts of laws. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, Including, without limitation, this paragraph.
You agree that no joint venture, partnership, or employment relationship exists between you and The Dive Shop as a result of this Agreement or use of this Website.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use.
If any part of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of this Agreement at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
This Agreement (and any other terms and conditions or policies referenced herein) constitutes the entire agreement between you and Diver Supply Outlet, LLC. with respect to this Website, our services and your dealings and relationships with us, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial, arbitration or any other administrative proceedings 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 on this Website are not intended to represent any real individual, company, product, or event.
Any rights not expressly granted herein are reserved.
SERVICE HELP
For quick answers to your questions or ways to contact us, call us at (801) 295-5445 or email us at email@The-Dive-Shop.com. Or, you can write to us at:
Diver Supply Outlet, LLC. Attn: Customer Service 429 West 500 South Bountiful, UT 841010