Use of this Site
By accepting these Terms of Use through your
use of the Site, you certify that you are 18 years of age or older. If you are
under the age of 18 but at least 13 years of age you may use this Site only
under the supervision of a parent or legal guardian who agrees to be bound by
these Terms of Use. ShopEZScuba.com does not knowingly collect personal
information about children under the age of 13 without prior parental consent. Children
under the age of 13 may not use this Site other than for browsing, and parents
or legal guardians may not agree to these Terms of Use on their behalf. If you
are a parent or legal guardian agreeing to these Terms of Use for the benefit
of a child between the ages of 13 and 18, be advised that you are fully
responsible for his or her use of this Site, including all financial charges
and legal liability that he or she may incur.
If you do not agree to (or cannot comply with)
any of these terms and conditions, do not use this Site. All billing and
registration information provided must be truthful and accurate. Providing any
untruthful or inaccurate information constitutes a breach of these Terms of
Use. By confirming your purchase at the end of the checkout process, you agree
to accept and pay for the item(s) requested.
You may not reproduce, publish, transmit,
distribute, display, modify, create derivative works from, sell or participate
in any sale of or exploit in any way, in whole or in part, any of the Contents,
the Site or any related software. All software used on this Site is the
property of ShopEZScuba.com or its suppliers and protected by U.S. and
international copyright laws. The Contents and software on this Site may be
used only as a shopping resource. Any other use, including the reproduction,
modification, distribution, transmission, republication, display, or
performance, of the Contents on this Site is strictly prohibited.
Third Party Sites:
References on this Site to any names, marks, products or services of third
parties, or hypertext links to third party sites or information are provided
solely as a convenience to you and do not in any way constitute or imply ShopEZScuba.com's
endorsement, sponsorship or recommendation of the third party, its information,
products or services. ShopEZScuba.com is not responsible for the practices or
policies of such third parties, nor the content of any third party sites, and
does not make any representations regarding third party products or services,
or the content or accuracy of any material on such third party sites. If you
decide to link to any such third party sites, you do so entirely at your own
risk.
Privacy
You acknowledge that any
personal information that you provide through this Site will be used by ShopEZScuba.com
in accordance with ShopEZScuba.com 's Privacy Policy.
Site Security
You are prohibited from
violating or attempting to violate the security of the Site, including, without
limitation, (a) accessing data not intended for such user or logging onto a
server or an account which the user is not authorized to access; (b) attempting
to probe, scan or test the vulnerability of a system or network or to breach
security or authentication measures without proper authorization; (c)
attempting to interfere with service to any user, host or network, including,
without limitation, via means of submitting a virus to the Site, overloading,
"flooding," "spamming," "mailbombing" or
"crashing;" (d) sending unsolicited email, including promotions
and/or advertising of products or services; or (e) forging any TCP/IP packet
header or any part of the header information in any email or newsgroup posting.
Violations of system or network security may result in civil or criminal
liability. ShopEZScuba.com will investigate occurrences that may involve such
violations and may involve, and cooperate with, law enforcement authorities in
prosecuting users who are involved in such violations. You agree not to use any
device, software or routine to interfere or attempt to interfere with the
proper working of this Site or any activity being conducted on this Site. You
agree, further, not to use or attempt to use any engine, software, tool, agent
or other device or mechanism (including without limitation browsers, spiders,
robots, avatars or intelligent agents) to navigate or search this Site other
than the search engine and search agents available from ShopEZScuba.com on this
Site and other than generally available third party web browsers (e.g.,
Netscape Navigator or Microsoft Explorer).
Pricing and Content
Information
While ShopEZScuba.com strives to provide
accurate pricing information, pricing or typographical errors may occur. ShopEZScuba.com
cannot confirm the price of an item until after you order. In the event that an
item is listed at an incorrect price due to an error in pricing, ShopEZScuba.com
shall have the right, at ShopEZScuba.com's sole discretion, to refuse or cancel
any orders placed for that item. In the event that an item is mispriced, ShopEZScuba.com
may, at ShopEZScuba.com's discretion, either contact you for instructions or
cancel your order and notify you of such cancellation.
Merchandise Content: ShopEZScuba.com
attempts to be accurate in its product
descriptions. However, ShopEZScuba.com does not warrant that product
descriptions or other Content of this Site is accurate, complete, reliable,
current, or error-free. If you find a product is not as described, your sole
remedy is to return it in unused condition.
Order Acceptance
Please note that there
may be certain orders that we are unable to accept and must cancel. We reserve
the right, at our sole discretion, to refuse or cancel any order for any
reason. For your convenience, you will not be charged until your payment method
is authorized, the order information is verified for accuracy and your order is
shipped. Some situations that may result in your order being canceled include
limitations on quantities available for purchase, inaccuracies or errors in
product or pricing information, or problems identified by our credit and fraud
avoidance department. We may also require additional verifications or
information before accepting any order. We will contact you if all or any
portion of your order is canceled or if additional information is required to
accept your order. If your order is canceled after your credit card has been
charged, we will issue a credit to your credit card in the amount of the
charge.
Indemnification
You agree to defend,
indemnify and hold harmless ShopEZScuba.com and its affiliates from and against
any and all claims, damages, costs and expenses, including attorneys' fees,
arising from or related to your use of the Site or any breach by you of these
Terms of Use.
Disclaimer
THIS SITE IS PROVIDED BY SHOPEZSCUBA.COM ON AN "AS IS"
AND "AS AVAILABLE" BASIS. SHOPEZSCUBA.COM 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 SITE. TO THE FULL EXTENT
PERMISSIBLE BY APPLICABLE LAW, SHOPEZSCUBA.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, SHOPEZSCUBA.COM
DISCLAIMS ANY AND ALL WARRANTIES,
EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. YOU ACKNOWLEDGE,
BY YOUR USE OF THE SHOPEZSCUBA.COM WEB
SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT
APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS
DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE. SOME STATES DO
NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING
LIMITATIONS MAY NOT APPLY TO YOU.
MERCHANDISE
CONTENT DISCLAIMER: PRODUCT INFORMATION ACCESSED THROUGH THIS WEBSITE IS OBTAINED
FROM CLAIMS MADE BY THE PRODUCT'S MANUFACTURER. PLEASE NOTE THAT, ON OCCASION
MANUFACTURERS MAY ALTER THEIR LABELS SO ACTUAL PRODUCT PACKAGING AND MATERIALS
MAY CONTAIN DIFFERENT INFORMATION THAN THAT SHOWN ON OUR WEB SITE, THUS WE
CANNOT GUARANTEE OR ENSURE THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY
PRODUCT INFORMATION. WE RECOMMEND THAT YOU DO NOT SOLELY RELY ON THE
INFORMATION PRESENTED AND THAT YOU ALWAYS READ LABELS, WARNINGS, AND DIRECTIONS
BEFORE USING OR CONSUMING A PRODUCT. FOR ADDITIONAL INFORMATION ABOUT A PRODUCT,
PLEASE CONTACT THE MANUFACTURER. SHOPEZSCUBA.COM ASSUMES NO LIABILITY FOR INACCURACIES OR
MISSTATEMENTS ABOUT PRODUCTS. CUSTOMER REVIEWS ARE PROVIDED FOR INFORMATIONAL
PURPOSES ONLY. CUSTOMER REVIEWS REFLECT THE INDIVIDUAL REVIEWER'S RESULTS AND
EXPERIENCES ONLY AND ARE NOT VERIFIED OR ENDORSED BY SHOPEZSCUBA.COM .
Limitation of Liability
UNDER NO CIRCUMSTANCES
AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT
LIABILITY OR OTHERWISE, SHALL SHOPEZSCUBA.COM OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS,
OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON
FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY
NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SHOPEZSCUBA.COM
WEB SITE, INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE,
ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED
REPRESENTATIVE OF SHOPEZSCUBA.COM HAS
BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO
EVENT WILL SHOPEZSCUBA.COM BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID
BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX MONTH PERIOD
PRECEDING THE DATE ON WHICH THE CLAIM AROSE
