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Scuba Spots's Terms of Service was last updated 6/1/2000.
Acceptance of Terms. When you access this site, you acknowledge that you have read and agree to abide by the terms described below. If you do not agree to the terms discussed here, you should exit this site now.
Copyright. Everything on this site is copyrighted. The copyrights are owned by Scuba Spots or the original creator of the material. However, you are free to view, copy, print and distribute Scuba Spots material from this site, as long as:
1. The material is used for information only.
2. The material is used for non-commercial purposes only.
3. Copies of any material include ScubaSpots.com's copyright notice.
Trademarks. ScubaSpots.com and the Scuba Spots logo are trademarks or service marks of ScubaSpots.com. You may not use these or any other Scuba Spots trademarks or service marks without the written permission of Scuba Spots.
No Warranty. While Scuba Spots attempts to provide accurate information on the ScubaSpots.com web site, it assumes no responsibility for accuracy. Scuba Spots may change the information on ScubaSpots.com, or the products mentioned, at any time without notice.
Material on ScubaSpots.com is provided "as is" and does not constitute a warranty of any kind, either express or implied. Scuba Spots disclaims all warranties, expressed or implied. This includes but is not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. It also includes any expressed or implied warranties arising from any course of dealing, usage or trade practice.
Limitation of Liability. Scuba Spots is not liable for any direct, indirect, special, incidental or consequential damages arising out of the use -- or the inability to use -- the material on ScubaSpots.com. This includes but is not limited to the loss of data or loss of profit, even if Scuba Spots was advised of the possibility of such damages.
Links. While ScubaSpots.com may contain links to third-party sites, Scuba Spots is not responsible for the content of any linked sites. ScubaSpots.com provides these links as a convenience and does not endorse the companies or contents of any linked sites.
Product Availability. The availability of the products or services described on ScubaSpots.com, and the product descriptions, may vary. Scuba Spots is not responsible for any product or service availability.
Your Posted Information. You are prohibited from posting or transmitting any unlawful, threatening, obscene, libelous, or otherwise offensive material.
Your Submission. Any material, information, or idea submitted or posted on ScubaSpots.com will be considered non-confidential and non-proprietary. Scuba Spots may share or otherwise use your submission for any purpose whatsoever. If any of the information submitted constitutes personal data, you agree that Scuba Spots may transmit such personal data across international boundaries for any Scuba Spots business purpose. Personal data will be treated as set forth in our Privacy Statement.
Export of Information. The United States Export Controls laws prohibit the export of certain technical data and software to certain territories. No content from ScubaSpots.com may be downloaded or otherwise exported in violation of United States law.
Cancellation of Service. Any ScubaSpots.com client may cancel their paid service at any time with no notice required. In such cases, no additional fees will be charged. However, clients wishing to cancel paid service must do so through their Client Control Panel on ScubaSpots.com. CANCELLATION RECEIVED VIA EMAIL WILL NOT BE ACKNOWLEDGED. This policy is designed to protect Scuba Spots's clients from fraud. After the client logs into their Client Control Panel on ScubaSpots.com the option to cancel their paid service is highly visible and obvious. DO NOT ATTEMPT TO CANCEL YOUR SERVICE BY CHARGING BACK CREDIT CARD PAYMENTS! Scuba Spots has a strong policy against this - see below:
Payments/fees. The terms for all fee based services are clearly described on the web site and through ongoign promotions. Clients choosing to pay for enhanced services (Enhanced, Logo, and Special Spot Listings) are responsible for keeping their listing information current through their Client Control Panel on ScubaSpots.com. Furthermore, it is the client's responsibility to know which package they have purchased, as well as the terms described at the time of purchase and to faithfully pay the monthly or annual fee. Our systems keep detailed tracking logs to prove authorized purchases. All charges are FINAL. There will be NO REFUNDS for any payments made regardless of the subsequent service provided or whether such service has met the expectations of the client. In the event of a credit card fee chargeback by a client, Scuba Spots will rebuke the chargeback with securely documented information proving the validity of the charge. The client will then become liable for all associated chargeback and service fees and penalties - plus an additional amount of not less than $500 in each instance for administrative fees, court costs, etc. In the event a client does not pay these fees within 30 days, the charges will be turned over to a collection agency. Scuba Spots will file civil charges against any party who charges back a credit card payment for any reason. There is NO excuse for a charge back - ScubaSpots.com provides highly visible means for cancelling service. Chargebacks serverely damage Scuba Spots. and its ability to provide quality web sites and services like ScubaSpots.com. THIS POLICY IS DESIGNED TO PROTECT SCUBA SPOTS AND OUR CLIENTS.
Updates. Scuba Spots reserves the right to update and/or modify its Terms of Service at any time without notice as Scuba Spots sees fit. If you do not agree to the terms of this policy do not request services from Scuba Spots or its web sites. Any person, company, or entity requesting services from Scuba Spots or its web sites is stating total compliance and acceptance of this policy. Furthermore, and party requesting services from Scuba Spots either directly or through a third party agrees to indemnify and hold harmless Scuba Spots or any of its agents, employees, officers, or principals in any legal action that arises as a result of the use of services, without limitation or exception. This indemnification extends to all issues associated with all Scuba Spots services or products.
Jurisdiction and Choice of Law. This agreement and all claims or issues regarding ScubaSpots.com, shall be governed according to the laws of the State of Montana. Any legal action concerning these Terms or ScubaSpots.com must be brought within one (1) year after the claim or cause of action arises and must be brought in Missoula, Montana. This agreement supersedes any written, electronic, or oral communication or agreement.
Scuba Spots reserves the right to change, modify or update this statement at any time without notice.
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