Copyrights and Trademarks
Unless otherwise noted, all materials including without limitation, logos, brand names, images, designs, photographs, video clips and written and other materials that appear as part of this Website are copyrights, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered (the "Intellectual Property") owned, controlled or licensed by Ace Diving. This Website as a whole is protected by copyright and trade dress. Nothing on 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 the prior written permission of the Intellectual Property owner. Ace Diving aggressively enforces its intellectual property rights to the fullest extent of the law. The names and logos of Ace Diving, may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Website, without prior, written permission from Ace Diving. Ace Diving prohibits use of any logo of Ace Diving or any of its affiliates as part of a link to or from any Website unless establishment of such a link is approved in advance by Ace Diving in writing. Fair use of Ace Diving’s Intellectual Property requires proper acknowledgment. Other product and company names mentioned in this Website may be the Intellectual Property of their respective owners.
Links to Third-Party Websites
This Website may contain links to Websites owned or operated by parties other than Ace Diving. Such links are provided for your reference only. Ace Diving does not monitor or control outside Websites and is not responsible for their content. Ace Diving’s inclusion of links to an outside Website does not imply any endorsement of the material on the Website or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does Ace Diving’s inclusion of the links imply that Ace Diving is authorized to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the linked Website.
Postings on this Website are made at such times as Ace Diving determines in its discretion. You should not assume that the information contained on this Website has been updated or otherwise contains current information. Ace Diving does not review past postings to determine whether they remain accurate and information contained in such postings may have been superseded. THE INFORMATION AND MATERIALS IN THIS WEBSITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP TO DATE. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.
No Warranties; Exclusion of Liability; Indemnification
THIS WEBSITE IS OPERATED BY Ace Diving ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, Ace Diving AND THEIR RESPECTIVE AFFILIATES MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF THE MATERIALS ON THIS WEBSITE FOR ANY PURPOSE. ALL SUCH MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. Ace Diving SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Ace Diving SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEBSITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS WEBSITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS WEBSITE. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. IN NO EVENT SHALL EITHER Ace Diving OR THEIR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE, THE MATERIALS ON THIS WEBSITE, THE DELAY OR INABILITY TO USE THIS WEBSITE OR OTHERWISE ARISING IN CONNECTION WITH THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT SHALL Ace Diving’s LIABILITY FOR ANY DAMAGE CLAIM EXCEED THE AMOUNT PAID BY YOU TO Ace Diving FOR THE TRANSACTION GIVING RISE TO SUCH DAMAGE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. WITHOUT LIMITING THE FOREGOING, Ace Diving DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE WEBITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THE WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR. WITHOUT LIMITING THE FOREGOING, BUT SUBJECT TO THE RETURN POLICY, Ace Diving DISCLAIMS ANY LIABILITY AS TO THE ACCURACY OR COMPLETENESS OF EACH ITEM DESCRIPTION. Ace Diving MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON THIS WEBSITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES. You agree to defend, indemnify and hold Ace Diving harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of this Website.
From time to time the Website may contain articles or other information from third parties that we feel may be of interest to you. While we attempt to provide information that is accurate, we do not represent that all information contained in such articles or obtained from third parties is correct and the publishing of third-party articles shall not in any event be deemed an endorsement by Ace Diving of the material contained therein. The opinions contained in any such article are not necessarily the opinion of Ace Diving.
Colors of Products
We have done our best to display as accurately as possible the colors of the products shown on the Website. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
Correction of Errors and Inaccuracies
The information on the Website may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We apologize for any inconvenience this may cause you.
Returns and Refunds
Please refer to our Returns and Refunds Policy for information regarding the return of products you may purchase. Our Refunds Policy is incorporated into this Agreement by reference.
You agree that the laws of the State of Florida, USA, govern this Agreement and your use of this Website. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Miami, Florida, USA, in all disputes (a) arising out of, relating to or concerning this Website and/or this Agreement, (b) in which this Website and/or this Agreement is an issue or a material fact, or (c) 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 above. Ace Diving has endeavored to comply with all legal requirements known to it in creating and maintaining this Website but makes no representation that materials on this Website are appropriate or available for 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 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 under 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 with the Rules of the American Arbitration Association, and any such arbitration proceedings shall be brought and held exclusively in Miami, Florida, 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 Ace Diving may at any time and without notice change the terms, conditions and notices under which this Website is offered. You agree that no joint venture, partnership, employment or agency relationship exists between you and Ace Diving as a result of this Agreement or your use of this Website. Ace Diving’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Ace Diving’s to comply with law enforcement requests or requirements relating to your use of this Website or information provided to or gathered by Ace Diving with respect to such use. This Agreement constitutes the entire agreement between you and Ace Diving with respect to this Website. This Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Ace Diving with respect to this Website. No modification of this Agreement shall be effective unless it is authored by Ace Diving or its affiliates, or unless it is physically signed by an Ace Diving 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 Ace Diving 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 Ace Diving printed for.