ScubaSight Terms of Use

Last modified December 1, 2012

Welcome to ScubaSight.com

Thank you for using our products and web site. This web site is provided by Sea to Surface Products located at Sebring, Florida, United States. By accessing this web site and when purchasing our products, you are agreeing to the terms and conditions posted below. Please read them carefully. These terms and conditions are subject to change. Any changes will be incorporated and posted to these Terms of Use.
Sea to Surface Products will hereafter be known as Sea to Surface or ScubaSight for the purposes of this document.

Using our Products

Limitation of Liability:
Sea to Surface assumes no liability for any accident,loss, or other claim related to or resulting from the use of our products. In no event shall Sea to Surface be liable for incidental or consequential damages relating to or resulting from the use of our products or any of their parts. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages some of the above limitations may not apply to you. In such States, Sea to Surface's liability is limited and warranties are excluded to the greatest extent permitted by law, but shall, in no event, exceed $100.00.

Warranty: All ScubaSight Products are guaranteed against defects in material and workmanship. Underwater products are guaranteed to be impervious to water damage. Defective parts will be replaced at no cost unless damaged by accident, misuse, abuse, normal wear or excessive sunlight exposure. See Full Product Warranty

Using this Web site

1. Use of Site
You may use the Service, the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the "Content") solely for your non-commercial, personal purposes and/or to learn about ScubaSight's products and services. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. ScubaSight reserves complete title and full intellectual property rights in all Content. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Site or the Service, except as expressly permitted by the Terms of Use.

2. Copyright
The Site and the Content are protected by U.S. and/or foreign copyright laws, and belong to ScubaSight or its partners, affiliates, contributors or third parties. The copyrights in the Content are owned by ScubaSight or other copyright owners who have authorized their use on the Site. You may download and reprint Content for non-commercial, non-public, personal use only. (If you are browsing this Site as an employee or member of any business or organization, you may download and reprint Content only for educational or other non-commercial purposes within your business or organization, except as otherwise permitted by ScubaSight, for example in certain password-restricted areas of the Site and in our Frequently Asked Questions). you may not manipulate or alter in any way images or other Content on the Site.

3. Trademarks
You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law.

4. Links to Third-Party Web Sites
Links on the Site to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by ScubaSight of the third party, the third-party web site, or the information contained therein. ScubaSight is not responsible for the availability of any such web sites. ScubaSight is not responsible or liable for any such web site or the content thereon. If you use the links to the web sites of ScubaSight affiliates or service providers, you will leave the Site, and will be subject to the terms of use and privacy policy applicable to those web sites.

5. Linking to this Site You may link to this site but you cannot mirror or frame the home page or any other pages of this Site on any other web site or web page.

6. Downloading Files
ScubaSight makes every attempt to guard against but cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.

7. Limitation of Liability
In No Event Will Sea to Surface be liable for any damages whatsoever,including, but not limited to any direct, incidental, consequential, special, exemplary or other indirect damages arising out of (I)The use of or inability to use the site, the service or the content, (II)Any transaction conducted through or facilitated by the site (III) Any claim attributable to errors, omissions or other inaccuracies in the site, the service and/or the content, (IV) Unauthorized access to or alteration of your transmissions or data, or (V) Any other matter relating to the site, the service, or the content, even if Sea to Surface Products has been advised of the possibility of such damages. If you are dissatisfied with the site, the service, the content or with the Terms of Use, your soul exclusive remedy is to discontinue using the site.
Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages some of the above limitations may not apply to you. In such States, Sea to Surface's liability is limited and warranties are excluded to the greatest extent permitted by law, but shall, in no event, exceed $100.00.

9. Indemnification
You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless ScubaSight, its parent companies, subsidiaries, affiliated companies, joint ventures, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of this Agreement.

10. Privacy
See ScubSight's Privacy Policy

11. User Conduct
You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.

12. User Supplied Information
ScubaSight does not want to receive confidential or proprietary information from you via the Site. You agree that any material, information, ideas, or data you transmit to us or post to the Site (each a "Submission" or collectively "Submissions") will be considered non confidential and non proprietary. For all Submissions, (1) you guarantee to us that you have the legal right to post the Submission and that it will not violate any law or the rights of any person or entity, and (2) you give ScubaSight the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from the Submission, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.
However, ScubaSight does welcome all feedback that will help satisfy customer's needs and improve processes. Any feedback you provide shall be deemed a Submission under the terms in the User Supplied Information section above.

13. Password Security When registering on ScubaSight.com to place an order, you are responsible for maintaining the confidentiality of your user identification and password information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your user identification and password.

17. General Provisions
a. Entire Agreement/No Waiver
These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by ScubaSight of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
b. Correction of Errors and Inaccuracies
The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. ScubaSight therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. ScubaSight does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
c. Enforcement/ Choice of Law/ Choice of Forum
If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to this Agreement, ScubaSight's Privacy Policy, your use of the Site, the Service, or the Content are governed by, and will be interpreted in accordance with, the laws of the State of Florida, without regard to any conflict of laws provisions.

©Copyright 2013 Sea to Surface Products. All rights reserved.