WEBSITE USE POLICY
BY USING THE WEBSITE, YOU INDICATE THAT YOU ACCEPT THE POLICY AND THAT YOU AGREE TO ABIDE BY IT. YOUR REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR ITS CONTENTS IS TO STOP USING THE WEBSITE.
1. ACCESSING THE WEBSITE
You are responsible for making all arrangements necessary for you to have access to the website. We reserve the right to withdraw or amend the website, and any service or material that we provide on the website, in our sole discretion and without notice to you. We will not be liable if, for any reason, all or any part of the website is unavailable at any time or for any period.
2. INTELLECTUAL PROPERTY RIGHTS
(a) 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 the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. This policy permits you to use the website for your non-commercial use only. No right, title, or interest in or to the website or any content on the website is transferred to you, and all rights not expressly granted, are reserved by the Company.
(b) You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the website, except as follows: (i) You may store files that are automatically cached by your Web browser for display enhancement purposes; (ii) If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by an applicable end-user license agreement for such applications; and (iii) If we provide social media features at any time, you may take such actions as are enabled by such features.
(c) You may not: (i) use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; or (ii) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the website; or (iii) access or use for any commercial purposes any part of the website or any services or materials available through the website.
(d) The Company name; the Company logo; and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You may not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the website are the trademarks of their respective owners.
3. YOUR OBLIGATIONS AND REPRESENTATIONS
(a) You may use the website only for lawful purposes and in accordance with this policy.
(b) You promise that: (i) you are of legal age to form a binding contract with the Company; (ii) you will not use the website in any way that violates any applicable local or international law or regulation; (iii) you will not impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity; (iv) you will not do anything that could disable, overburden, damage, or impair the website or interfere with any person’s use of the website; (v) you will not use any robot; spider; or other automatic device, process, or means to access the website for any unlawful purpose or in violation of this policy; (vi) you will not introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful; and (vii) you will not co-brand or frame the website without the prior express written permission of an authorized representative of the Company.
5. MISPRINTS, ERRORS, & CHANGES
Scuba Diver Ed® aims to provide current and accurate information on the website. However, misprints, errors, inaccuracies, omissions (including incorrect specifications for products), or other errors may sometimes occur. Scuba Diver Ed® cannot guarantee that products and services advertised on the website will be available when ordered or thereafter.
Scuba Diver Ed® reserves the right to: (a) correct any error, inaccuracy, or omission at any time without prior notice or liability to you or any other person; (b) change at any time the products and services advertised or made available for sale on the website; the prices, fees, charges, and specifications of such products and services; any promotional offers; and any other website content without any notice or liability to you or any other person; (c) reject, correct, cancel, or terminate any order, including accepted orders for any reason; and (d) limit quantities available for sale or sold.
6. COURSE AVAILABILITY AND NON-REFUNDABLE FEES
Pay-up-front courses must be completed within 90 days of payment at which time your access to the course will expire. Course and Card Fees are non-refundable. If a pay-up-front course is not successfully completed within 90 days of payment or you fail to satisfy any other requirements necessary for Scuba Diver Ed® to submit your Card Fee to the applicable State agency, any Course and Card Fees will be forfeited and Scuba Diver Ed® will be under no obligation to refund or pay the Card Fees to the applicable State agency or any other person. If you fail to successfully complete the course within the 90 day period and would like to re-register, you will need to pay additional Course and Card Fees.
7. LIMITATION OF LIABILITY
YOUR ACCESS TO AND USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF OR RELATING TO ACCURACY, ACCESSIBILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, PERFORMANCE, OR DURABILITY, ALL OF WHICH ARE DISCLAIMED BY Scuba Diver Ed® TO THE FULLEST EXTENT PERMITTED BY LAW.
Scuba Diver Ed® AND ITS PROVIDERS WILL NEVER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY LOSS OR DAMAGE ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE OR THIS AGREEMENT INCLUDING BUT NOT LIMITED TO LOSS OF DATA, BUSINESS, MARKETS, SAVINGS, INCOME, PROFITS, USE, PRODUCTION, REPUTATION OR GOODWILL, ANTICIPATED OR OTHERWISE, OR ECONOMIC LOSS, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING WITHOUT LIMITATION GROSS NEGLIGENCE AND FUNDAMENTAL BREACH) BY Scuba Diver Ed® OR ANY PERSON FOR WHOM Scuba Diver Ed® IS RESPONSIBLE, AND EVEN IF Scuba Diver Ed® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE BEING INCURRED.
DISCLAIMER OF LIABILITY
Scuba Diver Ed® shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect, or consequential), personal injury, or expense of any nature whatsoever which may be suffered by you or any third party, as a result of or which may be attributable, directly or indirectly, to your access and use of this website, any information, course materials, videos, animations, or content, contained on the website. In particular, your personal information or material and information transmitted over our system, neither Scuba Diver Ed® nor any third party or data or content provider shall be liable in any way to you or to any other person, firm, or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury, or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
9. RECURRING SUBSCRIPTIONS
If you select a Service with an auto-renewal feature (“Recurring Subscription”), such as but not limited to Today’s Adventure or Course auto-renewal, you authorize Kalkomey to maintain your account information and charge that account automatically upon the renewal of the Service you choose, with no further action required by you. In the event that Kalkomey is unable to charge your account as authorized by you when you enrolled in a Recurring Subscription, Kalkomey may, in its sole discretion: (i) bill you for the Service and suspend your access to the Service until payment is received, and/or (ii) seek to update your account information through third-party sources (i.e., your bank or a payment processor) to continue charging your account as authorized by you.
Kalkomey may change the price for Recurring Subscriptions from time to time. Price changes for Recurring Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use your Recurring Subscription after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by canceling your Recurring Subscription. Therefore, please make sure you read any notification of price changes carefully.
Payments are non-refundable, and there are no refunds or credits for partially used periods. You may cancel a Recurring Subscription at any time, but if you cancel your subscription before the end of the current subscription period, we will not refund any subscription fees already paid to us. Following any cancellation, however, you will continue to have access to the Service through the end of your current subscription period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our users (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
If you subscribed on our website, you can cancel by contacting Support at [email protected] or by going to Settings in your account.
10. CHANGES TO POLICY
We reserve the right, in our sole discretion, to change the terms of this policy at any time. Any changes are effective immediately upon posting to the website. Your continued use of the website constitutes your agreement to all such terms and conditions.
11. COMPLETE UNDERSTANDING
This policy, together with the documents expressly referred to herein, constitutes the sole and entire agreement between you and the Company with respect to the website and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the website.