on April 15th, 2007.
the Ocean First Divers, LLC, Online Service. By using the www.oceanfirstdivers.com
website you (the “user”) agree to these terms and conditions.
If you do not agree to the terms and conditions of this agreement,
you should immediately cease all usage of this website. We reserve
the right, at any time, to modify, alter, or update the terms and
conditions of this agreement without prior notice. Modifications
shall become effective immediately upon being posted at www.oceanfirstdivers.com
website. Your continued use of the Service after amendments
are posted constitutes an acknowledgement and acceptance of the
Agreement and its modifications. Except as provided in this paragraph,
this Agreement may not be amended.
1. Disclaimer of Warranties
The site is provided by Ocean First Divers, LLC on an “as
is” and on an “as available” basis. To
the fullest extent permitted by applicable law, Ocean First Divers,
LLC makes no representations or warranties of any kind, express
or implied, regarding the use or the results of this web site in
terms of its correctness, accuracy, reliability, or otherwise. Ocean
First Divers, LLC shall have no liability for any interruptions
in the use of this Website. Ocean First Divers, LLC disclaims
all warranties with regard to the information provided, including
the implied warranties of merchantability and fitness for a particular
purpose, and non-infringement. Some jurisdictions do not
allow the exclusion of implied warranties, therefore the above-referenced
exclusion is inapplicable.
2. Limitation of Liability
OCEAN FIRST DIVERS, LLC SHALL NOT be liable for any damages whatsoever,
and in particular OCEAN FIRST DIVERS, LLC shall not be liable for
any special, indirect, consequential, or incidental damages, or
damages for lost profits, loss of revenue, or loss of use, arising
out of or related to this web site or the information contained
in it, whether such damages arise in contract, negligence, tort,
under statute, in equity, at law, or otherwise, even if OCEAN FIRST
DIVERS, LLC has been advised of the possibility of such damages.
SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE
SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
User agrees to indemnify and hold Ocean First Divers, LLC, its
parents, subsidiaries, affiliates, officers and employees, harmless
from any claim or demand, including reasonable attorneys’ fees
and costs, made by any third party due to or arising out of User’s
use of the Service, the violation of this Agreement, or infringement
by user, or other user of the Service using user’s computer,
of any intellectual property or any other right of any person or
4. Modifications and Interruption to Service
Ocean First Divers, LLC reserves the right to modify or discontinue
the Service with or without notice to the user. Ocean First Divers,
LLC shall not be liable to user or any third party should Ocean
First Divers, LLC exercise its right to modify or discontinue the
Service. User acknowledges and accepts that Ocean First Divers,
LLC does not guarantee continuous, uninterrupted or secure access
to our website and operation of our website may be interfered with
or adversely affected by numerous factors or circumstances outside
of our control.
5. Third-Party Sites
Our website may include links to other sites on the Internet that
are owned and operated by online merchants and other third parties. You
acknowledge that we are not responsible for the availability of,
or the content located on or through, any third-party site. You
should contact the site administrator or Webmaster for those third-party
sites if you have any concerns regarding such links or the content
located on such sites. Your use of those third-party sites
and we are not responsible therein. We encourage all Users to review
said privacy policies of third parties’ sites.
6. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been
provided by the Vendors or collected from publicly available sources. While
Ocean First Divers, LLC makes every effort to ensure that the information
on this website is accurate, we can make no representations or
warranties as to the accuracy or reliability of any information
provided on this website.
Ocean First Divers, LLC makes no warranties or representations
whatsoever with regard to any product provided or offered by any
Vendor, and you acknowledge that any reliance on representations
and warranties provided by any Vendor shall be at your own risk.
7. Governing Jurisdiction of the Courts [Colorado]
Our website is operated and provided in the State of Colorado.
As such, we are subject to the laws of the State of Colorado, and
to any choice of law rules. We make no representation that
our website or other services are appropriate, legal or available
for use in other locations. Accordingly, if you choose to
access our site you agree to do so subject to the internal laws
of the State of Colorado.
8. Compliance with Laws
User assumes all knowledge of applicable law and is responsible
for compliance with any such laws. User may not use the Service
in any way that violates applicable state, federal, or international
laws, regulations or other government requirements. User further
agrees not to transmit any material that encourages conduct that
could constitute a criminal offense, give rise to civil liability
or otherwise violate any applicable local, state, national, or
international law or regulation.
9. Copyright and Trademark Information
All content included or available on this site, including site
design, text, graphics, interfaces, and the selection and arrangements
thereof is ©2007 www.oceanfirstdivers.com, with all rights
reserved, or is the property of Ocean First Divers, LLC and/or
third parties protected by intellectual property rights. Any
use of materials on the website, including reproduction for purposes
other than those noted above, modification, distribution, or replication,
any form of data extraction or data mining, or other commercial
exploitation of any kind, without prior written permission of an
authorized officer of Ocean First Divers, LLC is strictly prohibited. Users
agree that they will not use any robot, spider, or other automatic
device, or manual process to monitor or copy our web pages or the
content contained therein without prior written permission of an
authorized officer of Ocean First Divers, LLC.
Ocean First Divers, LLC™ and www.oceanfirstdivers.com™ are
proprietary marks of Ocean First Divers, LLC. Ocean First
Divers, LLC’ trademarks may not be used in connection with
any product or service that is not provided by Ocean First Divers,
LLC, in any manner that is likely to cause confusion among customers,
or in any manner that disparages or discredits Ocean First Divers,
All other trademarks displayed on Ocean First Divers, LLC’ website
are the trademarks of their respective owners, and constitute neither
an endorsement nor a recommendation of those Vendors. In
addition, such use of trademarks or links to the web sites of Vendors
is not intended to imply, directly or indirectly, that those Vendors
endorse or have any affiliation with Ocean First Divers, LLC.
10. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted
through the Digital Millennium Copyright Act, www.oceanfirstdivers.com
designates the following individual as its agent for receipt of
notifications of claimed copyright infringement.
Ocean First Divers, LLC
3015 Bluff St.
Boulder, CO 80302
Ocean First Divers, LLC retains the right, at our sole discretion,
to terminate any accounts involved with botnets and related activities.
If any hostnames are used as command and control points for botnets,
Ocean First Divers, LLC reserves the right to direct the involved
hostnames to a honeypot, loopback address, logging facility, or
any other destination at our discretion.
12. No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee
relationship is intended or created by this Agreement.
13. Additional Terms
The following policies are part of this Agreement and provide
additional terms and conditions related to specific services offered
on the Site:
Each of these policies may be changed from time to time. Changes
take effect when we post them on the Sites. When using particular
services on the Sites, you are subject to any posted policies or
rules applicable to services you use through the Sites, which may
be posted from time to time. All such policies or rules are hereby
incorporated into this Agreement.
void or unenforceable for any reason, the other provisions (and
any partially-enforceable provision) shall not be affected thereby
and shall remain valid and enforceable to the maximum possible
other agreements referenced herein may be assigned by Ocean First
Divers, LLC, in our sole discretion, to a third party in the event
apply in addition to, and shall not be superseded by, any other
written agreement between us in relation to your participation
Agreement, User is consenting to the use and disclosure of their
personally identifiable information and other practices described