PRIVACY POLICY
Read These Terms of Use Agreement Before Accessing our Website!
Effective Date: Last Update of “The Terms of Use Agreement” on October 5, 2025
Site Use
By accessing or using this website, you agree to be explicitly and implicitly bound by the terms and conditions set forth in this Website User Agreement. If you do not agree to the terms and conditions of this Agreement, you should immediately cease all usage of this website. Your continued use of the Service after amendments are posted constitutes an acknowledgment and acceptance of Agreement and its modifications. We may or may not post notices on the homepage of our website when such modifications occur. Other than this Agreement and our Privacy Policy, Dive California, will not enter into any Agreement with you or have any obligation to you through this website and no attempt to create such an Agreement or obligation will be effective. This website is provided by Dive California on an as is and on an as available basis. To the fullest extent permitted by applicable law, Dive California makes no representation or warranties of any kind, express or implied, regarding the use or the results of this website in terms of its accuracy, correctness, reliability, or otherwise. Dive California shall have no liability for any interruptions in the use of this website. Dive California disclaims all warranties regarding the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. In some jurisdictions, the exclusion of implied warranties may not be allowed, therefore the above-referenced exclusion is inapplicable.
You also understand that Divecalifornia.com and Dive California will not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
You warrant and represent that you are a certified SCUBA diver, with the training necessary to safely use any of the merchandise purchased through the Site. User assumes total responsibility and risk associated for the use of this website, the internet, and any service or equipment purchased from Divecalifornia.com and Dive California.
Copyright and Trademarks Information
Unless otherwise noted, all content included or available on this website, without limitation, including logos, brand names, images, text, graphic interfaces, site design, photographs, video clips and other materials that appear as part of this website are copyrights, trademarks, or other intellectual property whether registered or unregistered (Intellectual Property) owned, controlled or licensed by Dive California or their third-party licensors. Any use of materials on this website, including any reproduction for purposes other than those noted above, modification, distribution, or replication, any form of date extraction or data mining, or other commercial exploitation of any kind, without prior written consent of an authorized owner of Dive California is strictly prohibited. No part of this website should be construed as granting, by implication, estoppel or otherwise any license or right to use any Intellectual Property displayed or used on the website, without prior written consent of the Intellectual Property owner. Dive California aggressively enforces its intellectual property right to the fullest extent of the law. All other trademarks displayed on this website are the trademarks of their respective owners and constitute neither an endorsement nor a recommendation of those vendors. Fair use of Dive California’s Intellectual property requires acknowledgment. In addition, such use of trademarks or links to the websites of vendors is not intended to imply, directly or indirectly, that those vendors endorse or have any affiliation with Dive California.
You may print and download specific paragraphs, parts or portions of material from the different areas of the website solely for your own non-commercial use, provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to Dive California a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to Divecalifornia.com and Dive California by all means and in any media now known or hereafter developed.
You also grant to Divecalifornia.com and Dive California the right to use your name, photograph and video clip in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Divecalifornia.com and/or Dive California for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Divecalifornia.com and/or Dive California. If you believe that content appearing on the Site constitutes copyright infringement of another party’s rights, please notify Dive California immediately. trademarks, such as Divecalifornia.com and/or any other names of Dive California, or any of its publications, products, content or services referenced herein or on the Site are the exclusive trademarks or service marks of Divecalifornia.com and Dive California.
Limitation of Liability
Dive California, shall not be liable for any damages whatsoever, and in particular Dive California shall not be liable for any indirect, special, consequential, or incidental damages, or damages for loss of use, lost profits, loss of revenue, business interruption, loss of programs or information arising out of or related to this website or the information provided in it, whether such damages arise in negligence, contract, under statute, I equity, at law, tort, or otherwise, even if Dive California has been advised of the possibility of such damages. Dive California will not warrant that the website will be uninterrupted or error-free or that defects in the service will be corrected. You agree further that the internet contains unedited materials some of which are sexually explicit or may be offensive to you. You access such materials at your personal risk. Divecalifornia.com and Dive California will not accept responsibility whatsoever for such materials.
Cancellations and Refunds
Please refer to our Cancellations and Refund Policy for information regarding the return of any product purchase.
Indemnification
User agrees to indemnify, defend and hold harmless Divecalifornia.com, Dive California, its subsidiaries, parents, affiliates, officers, directors, employees, agents, licensors, suppliers and any third party information providers harmful from all claims or demands and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing and using this website.
Third Party Sites
Our website may include links to other websites that are owned and operated by other third parties other than Dive California. These links are provided for your reference only. Dive California provision of third-party sites/links does not imply any endorsement of the materials of the provided website or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owners, operators or sponsors, nor does Dive California provision of the third-party websites/links imply that Dive California is authorized to use such trademarks, trade name, logo, official or legal seal, or copyrighted symbol that may be reflected in the linked website. You acknowledge that Dive California is not responsible for the availability of, or the content located on or through, any third-party site. Dive California does not monitor or control these outside websites and is not responsible for their content. If you have any concerns regarding the contend located on such sites or such links you should contact the site administrator or webmaster for the third-party sites/links. This Website may provide additional, or other information, or articles from a third-party, that we feel may be of interest to our clients and visitors. While we attempt to provide the most accurate information possible, we do not represent that all information contained in such information or obtained from third-parties is correct, represent our views and the publishing of third-party information shall not in any event be deemed an endorsement by Dive California of the material contained therein. The opinions contained in any such information are not necessarily the opinion of Dive California.
Access
While Dive California attempts to ensure that the website is available 24 hours a day, Dive California will not accept any liability for any reason the website is unavailable. Access to the website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control. This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraph Site Use, Copyright and Trademarks Information, Limitation of Liability, Cancellation and Refunds, Indemnification, Third Party Sites, Access, Governing Law and Jurisdiction of Courts shall survive any termination of this Agreement.
Governing Law and Jurisdiction of Courts (California)
This website provided and operated in the State of California. As such, we are subject to the laws of the State of California, and such laws will govern the Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for the use in other locations. Accordingly, if you choose to access our website, you agree to do so as subject to the internal laws of the State of California. Disputes arising in connection with this these terms shall be subject to the exclusive jurisdiction of the courts of the state of California.
User assumes all knowledge of applicable law and is responsible for the compliance with any such laws. User may not use the service in any way that violates applicable state, federal, or international laws, regulation or other government requirements. User further agrees not to transmit any material that encourages conduct that could be constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international laws or regulations.
This Agreement shall all be governed and construed in accordance with the laws of the State of California applicable to agreements made and to be performed in the state of California. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in San Diego, California, USA, in all disputes arising out of, relating to or concerning this website and/or this Agreement, in which this website and/or this Agreement is an issue or a material fact, or in which this website and/or this Agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization. Use of this website is unauthorized in any jurisdiction that does not give full effect to all provisions of this Agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions mentioned above. Dive California has endeavored to comply with all legal requirements know to it in creating and maintaining this website but makes no representation that materials on this Website are appropriate or available for the use in any particular jurisdiction. Use of this Website is unauthorized in any jurisdiction where all or any portion of this website may violate any legal requirements and you agree not to access this website in any such jurisdiction. You are responsible for the compliance with applicable laws. Any use in contravention of this provision or any provision of this Agreement is at your own risk and, if any part of this Agreement is invalid or unenforceable und applicable law, the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall govern such use. Any claim, dispute or controversy arising out of, relating to or concerning this website and/or this Agreement shall be decided by binding arbitration in accordance wit the Rules of the American Arbitration Association, and any such arbitration proceedings shall be brought and held exclusively in San Diego, California, USA. The decisions of the arbitrators shall be final, binding and conclusive upon all parties involved, and judgment upon any award of the arbitrators may be entered by any court having competent jurisdiction. This provision shall be specifically enforceable in any court of competent jurisdiction. The Convention on International Sale of Goods shall not apply to any sale or other transaction made through this Website. You agree that Dive California may at any time and without notice change the terms, conditions and notices under which this Website is offered. This Agreement constitutes the entire agreement
between you the user and Dive California with respect to this Website. This Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you the user, and Dive California with respect to this Website. No modification of this Agreement shall be effective unless it is authored by Dive California or its affiliates, or unless it is physically signed by a Dive California owner/officer. Any alleged waiver of any breach of this Agreement shall not be deemed to be a waiver of any future breach. A printed version of this Agreement and/or of any notice given by Dive California in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement or your use of this Website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Dive California in printed form. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Divecalifornia.com and Dive California failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Divecalifornia.com and Dive California may assign their rights and duties under this Agreement to any party at any time without notice to you. No employee-employer, franchisee relationship, agency, partnership or joint venture is intended or created by this Agreement.
If you have any questions or comments, please email them to the appropriate links below.
By Phone:
619-878-DIVE(3483)
619-878-DIVE(3483)
By Email:
Info@divecalifornia.com
Info@divecalifornia.com
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