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.