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Ocean Divers Terms of Use

Terms of Use

By using this site, you agree and assent to the  Terms of Use, as well as  certify that you are of legal age to do so. If you do not agree to these Terms of Use, it’s plain and simple -- do not use this site, but trust us when we tell you that you’re going to want to use this site! The terms of this Agreement may change. By continuing to use Holiday Diver Inc. sites after these changes are posted, you accept the Agreement, as modified. Additional terms and conditions may apply to some services offered by Holiday Diver Inc. sites and may be found in the place where the relevant service is offered.

The content and information displayed on this web site is the property of Holiday Diver, Inc. ("Holiday Diver, Inc. aka Holiday Diver, Divers Direct, Ocean Divers, Emocean Sports,") and/or other parties. The downloading, reproduction, or retransmission of Holiday Diver, Inc. information, other than for non-commercial individual use, is strictly prohibited. All Holiday Diver, Inc. information is provided “as is” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. 

And now, on to our feature presentation.


Use of Site/User Accounts

Holiday Diver's Internet sites may contain or reference trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes, or other proprietary rights of Holiday Diver, Inc. and/or other parties. No license or right in any such trademark, patent, copyrighted material, trade secrets, technology, product, process, and other proprietary rights of Holiday Diver, Inc. and/or other parties is granted to or conferred upon you. So that’s that. Still with us? OK. 

You agree that you will not use any device, software, or other instrument to interfere or attempt to interfere with the proper working of our site, and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein, without the prior express consent from an authorized Holiday Diver, Inc. representative (such consent is given for standard search engine technology employed by Internet search web sites to direct Internet users to this site). 

This site may provide you with the ability to use usernames, passwords, or other codes or devices to gain access to restricted portions of this site ("access codes"). The content contained in such restricted areas is confidential to Holiday Diver, Inc., and is provided to you for your personal use only. We reserve the right to prohibit the use of such access codes on your behalf by third parties where we determine that such use interferes with our site's operation or results in commercial benefits, or other entities to our detriment. Your account may be restricted or terminated for any reason, at the discretion of Holiday Diver, Inc. We may change, restrict access to, suspend, or discontinue your account on the Holiday Diver, Inc. sites, or any portion of the Holiday Diver, Inc. sites at any time without notice. 

You are responsible for the confidentiality of your passwords as well as any information, statements, and acts that occur on your account. If you feel that your account has been tampered with or modified without your knowledge or consent you must notify Holiday Diver, Inc. as soon as possible. If you are prone to misplacing ‘access codes’ or you have a history of bad relationships with the people who ‘tamper with accounts’, pay attention here.


User Submitted Content:

With respect to all communications you make to Holiday Diver, Inc. regarding information, including but not limited to feedback, questions, comments, suggestions, and the like: (a) you shall have no right of confidentiality in your communications and Holiday Diver, Inc. shall have no obligation to protect your communications from disclosure, (b) Holiday Diver, Inc. shall be free to reproduce, use, disclose, and distribute your communications to others without limitation, and (c) Holiday Diver, Inc. shall be free to use any ideas, concepts, know-how, content, or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production, and marketing of products and services that incorporate such information. 

If you make any communication to or with the Holiday Diver, Inc. sites, you acknowledge that you are the owner of such communication and you have expressly granted Holiday Diver, Inc. the ability to use, display or reproduce at our discretion, on an ongoing, unlimited, global and royalty-free basis, your communication in any way that we may see fit. Holiday Diver, Inc. retains the right to sublicense any and all communication. Do not submit any communication to Holiday Diver, Inc. that you do not own, or do not wish to license to us. Holiday Diver, Inc. is not obliged to: (a) keep your communication confidential, (b) compensate you for any communication submitted, or (c) to respond to any communication. Holiday Diver, Inc. retains the right to use any name or names that you provide with your communication.

Certain types of user submitted communication and content are and shall be prohibited from Holiday Diver, Inc. By submitting a communication, you agree that you will not submit: (a) false or misleading communication, (b) anything that provides personal or identifiable information about you or any other party, (c) any type of communication that violates local, state or federal laws, or that is obscene, derogatory or threatening, (d) spam, advertisements, chain letters, or any other material that may be harmful or distracting to Holiday Diver, Inc. or it’s users, (e) contains viruses or any other harmful malware, and (f) any communication that violates the posted policies of Holiday Diver, Inc.  

Holiday Diver, Inc. strives to monitor and respond to any and all communication we may receive, but due to the potentially overwhelming number or nature of submitted communication, we cannot guarantee that some communication may go overlooked. Holiday Diver, Inc. retains the right, but is not obliged, to determine and enforce compliance with our posted policies. Holiday Diver, Inc. may edit, delete or change any submitted communication at our discretion for any reason without notice. You are responsible for all submitted content and any claims resulting from your submitted content are not the responsibility of Holiday Diver, Inc. 

The use of this site indicates that you acknowledge a pre-existing and/or current business relationship, and in addition have provided direct consent to receive e-mail, either in response to a clear and conspicuous request for the consent or at your own initiative.  

General Information:

Holiday Diver, Inc. information may contain technical inaccuracies, pricing inaccuracies, or typographical errors.  Despite this, you still love us. Holiday Diver, Inc. reserves the right to make changes, corrections, and/or improvements to Holiday Diver, Inc. information, and to the products and programs described in such information, at any time without notice, because we love you.  


If you choose to leave this Holiday Diver, Inc. site (Hint: Don’t) via links to other non-Holiday Diver, Inc. sites, including those of advertisers, Holiday Diver, Inc. is not responsible for the privacy policies of those sites or the cookies those sites use. In addition, because Holiday Diver, Inc. has no control over such sites and resources, you acknowledge and agree that Holiday Diver, Inc. is not responsible for the availability of such external sites or resources, and does not endorse, take responsibility  or liability for any content, advertising, products, or other materials on or available from such sites or resources. Basically we are not responsible for what other people do.  You would not want to be either, would you? 

All names, logos, sounds, videos, images, photographs, and icons are owned or licensed intellectual property of Holiday Diver, Inc., its affiliates or third party license holders, and are subject to any and all laws regarding the ownership or licensing of copyrighted, trademarked, and trade dressed material. Access and reproduction of these materials is limited to personal, non-commercial use and must be done in accordance to current intellectual property laws. 


Billing and Payment:

By ordering through Holiday Diver, Inc. sites, you acknowledge that all billing information is accurate, honest, and complete. If you provide any information that we deem false, misleading or incomplete, we will consider it a breach of agreement and may cancel your order at any time. Holiday Diver, Inc. may cancel or refuse any order for any reason. If your credit card or other payment method has already been charged for a canceled order we will provide a credit to your credit card company or other payment method. We’ll let you know if any part of your order cannot be fulfilled. 


By clicking the “Submit Your Order” button, you are agreeing to pay for and receive any and all items contained within your order.


Holiday Diver, Inc. may limit the quantity of items that a single user, account, payment method, or billing address may include in a given order. You will be notified if this occurs.  
Holiday Diver, Inc. may also limit or refuse sales to outside dealers or resellers, including anyone who purchases our merchandise with the express intent of reselling the merchandise through a third party.

While Holiday Diver, Inc. strives to provide the most up-to-date and accurate pricing information, we cannot verify the price information of any item until an order is placed.  Pricing errors may occur. Holiday Diver, Inc. may cancel any existing order that contains a pricing error, with no further commitment from the user. We may notify you of any pricing errors or cancellations at our discretion. Prices at Holiday Diver, Inc. stores, including Divers Direct, Ocean Divers or Emocean Sports, may vary from prices shown on Holiday Diver, Inc. sites. 

This is a United States website and is subject to United States law. Holiday Diver, Inc. will disclose any information regarding the use of this site, including personal information pertaining to you without your permission when required by law, or in good faith belief that such action is necessary to investigate or protect against harmful activities to Holiday Diver, Inc. guests, visitors, associates, or property (including this site), or others. 
 
If you would like to view the privacy practices that govern Holiday Diver, Inc. in more detail, please review our Privacy Statement.