CONDITIONS OF USE
UTD Scuba Diving and other marks indicated on the Website are trademarks owned exclusively by UTD Scuba Diving, LLC. The use of these trademarks and trade dress is prohibited if used without the consent of the owner, in connection with the sale of any product that is not UTD Scuba Diving’s, in any manner that seeks to disparages or discredit UTD Scuba Diving or in any manner that may cause confusion among our customers.
All content on this Website is the exclusive property of UTD Scuba Diving, LLC. Said content includes text, graphics, logos, icons, images, audio and video clips, digital downloads, and software. Our content is protected by United States and international copyright laws and we reserve all rights contained therein. In case of dispute or infringement, we will rigorously defend our rights to this material.
Protecting Your Account
Some portions of this Website permit username and passwords to be used. Your username, password or any other piece of information as part of our security procedures must be treated as confidential, and you must not disclose such information to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You agree to be responsible for all activities performed under your user account.
We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion if, in our opinion, you have violated any provision of these Conditions of Use.
License and Site Access
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by UTD Scuba Diving, its licensors or other providers of such material and are protected by United States and international copyright, trademark, trade secret and other intellectual property or proprietary rights laws.
UTD Scuba Diving grants you (the user) a limited license to access and make personal use of this Website. This license does not include the right to download any material (other than routine page caching or material specifically designated for download), modify any material, or any portion thereof, without the express written consent of UTD Scuba Diving. This license excludes the download or collection of logos, product descriptions, pricing, text, graphics, audio and video clips, and/or copying account information. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, visited, or otherwise exploited for any commercial purpose without express written permission of UTD Scuba Diving. Any unauthorized use of this Websites voids the limited license granted by UTD Scuba Diving.
Content Submitted by Site Users
If you do post content to this Website or otherwise submit material (including, but not limited to, photographs and testimonials), you grant UTD Scuba Diving and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. By your submission you represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will defend, indemnify and hold harmless UTD Scuba Diving or its affiliates for all claims resulting from content you supply. UTD Scuba Diving reserves the right to remove any content at our sole discretion.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. You agree to defend, indemnify and hold us harmless from the consequences or costs of any investigation conducted by law enforcement authorities for content you submit.
If you believe that any user contributions violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is out policy to terminate the user accounts of repeat infringers.
Disclaimers of Warranties; Limitations of Liability
This Website and all materials contained therein are provided by UTD Scuba Diving on an “as is” and “as available” basis. UTD Scuba Diving makes no warranties, either expressed or implied, as to the operation of the Website or the content contained therein, including, but not limited to, warranties of merchantability, non-infringement and fitness for a particular purpose. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law. You expressly agree that your use of the Website and any materials contained therein is at your own risk.
UTD Scuba Diving cannot warrant that this Website, our servers, or email communications affiliated with the use of this Website, are free from viruses. UTD Scuba Diving will not be responsible for any damages of any kind, under any legal theory, resulting from use of this Website, the content of this Website, any services or items obtained through the website or any Website linked to it, including but not limited to direct, indirect, incidental, punitive, and consequential damages. The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
This Website may include content provided by third parties, including materials on topics related to the programs set forth in the Website or by other users. All statements and/or opinions expressed in these materials, and all other content, other than the content provided by UTD Scuba Diving, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of UTD Scuba Diving. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Redemption of Free Product and Coupon Offers
From time to time, UTD Scuba Diving offers its clients special offers and discount codes to be used in conjunction with this Website. These offers are frequently disseminated via this Website and through email to those who have registered for our email database. They are sometimes posted on our home page (www.utdscubadiving.com) or announced via other means of communication in conjunction with the promotion of the UTD Scuba Diving product collection, including radio and TV broadcasts, internet forums and various online websites.
We encourage our clients to redeem these special offers, but we respectfully ask that you not exploit them. UTD Scuba Diving, at its sole discretion, will determine if all purchasing criteria has been met to qualify for stated discount or free product. If you successfully circumvent the software safeguards of this Website in order to receive several free products with your order, then we will (at our sole discretion) remove any extraneous free product from your order or cancel the order in its entirety. You will be informed of any order changes via the phone number or email address listed with your order. Please, play fair…
Registration Refusal and Termination
We may cancel or terminate your right to use the Website or any part of the Website at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Website affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Website, and the disclaimers and limitations of liabilities set forth in these Conditions of Use, shall survive. If we feel you are not a good fit for our programs or offerings, we may respectfully decline your registration.
You agree to defend, indemnify and hold harmless UTD Scuba Diving, and its owners, officers, affiliates, licensors and service providers, attorneys, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Conditions of Use or your use of the Website, including, but not limited to, your user contributions, any use of the Website’s content, services and products other than as expressly authorized in these Conditions of Use and the Policies incorporated herein or your use of any information obtained from the Website.
Waiver and Severability
No waiver by UTD Scuba Diving of any term or condition set forth in these Conditions of Use or the Policies incorporated herein shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure to assert a right or provision under these Conditions of Use or the Policies incorporated herein shall not constitute a waiver of such right or provision.
If any provision of these Conditions of Use or the Policies is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Conditions of Use or the Policies will continue in full force and effect.
The Conditions of Use and the Policies constitute the sole and entire agreement between you and UTD Scuba Diving with respect to the Website and use of the materials therein, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website and use of the materials therein.
Applicable Law; Venue
By visiting the Website, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use, the Policies and any dispute of any sort that might arise between you and UTD Scuba Diving. Any judicial proceeding arising over the use of the Website or any of the materials contained therein shall be brought in the appropriate state court located in San Diego County, Colorado or, if in federal court, in San Diego, California.
If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials by submitting written notification to our Copyright Agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (“DMCA”) (17 U.S.C. § 512), the written notice must include substantially the following: (1) identification of the copyrighted work(s) you believe to have been infringed; (2) sufficiently precise identification of the material you believe to be infringing; (3) your contact information (including your name, postal address, telephone number and, if available, e-mail address); (4) a statement that the information in the notice is accurate; (5) a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law; (6) a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner; and (7) your physical or electronic signature.
Our designated Copyright Agent to receive DMCA notices is:
UTD Scuba Diving
4653 Carmel Mountain Road, Suite 308-301
San Diego, CA 92121 USA
Changes in Policy
UTD Scuba Diving reserves the right to modify, alter, delete and update these Conditions of Use and Policies at any time we see fit. Such alterations do not nullify our rights if infringements or breaches occurred under a previous version of these conditions. Your continued use of the Website following the posting of revised Conditions of Use and Policies means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.