Terms of Use

These are Terms of Use for the Website only. For online purchases made on this website, please review additional Terms and Conditions of Sale before making a purchase.

Website Terms of Use

Total Diving Canada Inc. and Waddell Aquatics Ltd. ("Total Diving", "we", "us", or "our", as the context may require) welcome you to Total Diving's website (the "Website"). Please read the following Website terms of use ("Terms of Use") before using the Website. By accessing and using the Website, you agree to be bound by all the Terms of Use set forth herein. If you do not agree with these Terms of Use, your sole recourse is to leave the Website immediately.

 

Ownership / Restrictions on Use

The Website is owned and operated by Total Diving. Any and all content, data, graphics, photographs, images, audio, video, software, trademarks, service marks, trade names and other information (collectively, the "Content") contained in this Website are proprietary to Total Diving, its affiliates and/or third-party licensors. The Content is protected by Canadian, American and international copyright and trademark laws.

Except as set forth herein, you may not modify, copy, reproduce, publish, post, transmit, distribute, display, perform, create derivative works from, transfer or sell all or any part of the Content without the express prior written consent of Total Diving, which consent may be withheld in the absolute discretion of Total Diving. You may download, print and reproduce the Content for your personal informational purposes provided that you agree to maintain and display any and all copyright or other proprietary notices contained in such Content and that you cite the URL source of such Content. Reproduction of multiple copies of the Content, in whole or in part, for resale or distribution is strictly prohibited except with the prior written permission of Total Diving, which consent may be withheld in the absolute discretion of Total Diving. If you would like to obtain written consent for such reproduction, please contact us.

Not a Substitute for Training or Professional Advice

The Content placed from time to time on the Website is intended solely for general awareness and informational purposes only and does not constitute training or professional advice or formal opinion. Use of this Website does not replace the need for training or direct professional advice from a professional instructor or other qualified professional regarding specific matters. Accordingly, you should not rely on the information provided herein in lieu of such training or advice and you are urged to seek appropriate training and advice regarding specific matters.

In addition, since the information made available on this Website may be subject to rapid changes, some of that information may be out of date at any particular time. Total Diving does not guarantee or warrant the accuracy or completeness or safety of such information. Accordingly, you should not assume that such information is accurate, complete or timely, and you agree to bear all risks associated with the use of, or reliance on, any such information.

Instructor-Student Relationship Not Created

Your use of or access to this Website does not create an instructor-student relationship. Although your use of this Website may facilitate access to or communication with one or more instructors or professionals at Total Diving by way of eMail transmission or otherwise by way of this Website, the receipt of any such communication or transmission by any instructor or other member or representative of Total Diving does not create an instructor-student relationship.

Linking

It is our goal to provide increased value to you, our visitors. Therefore, solely for your convenience, the Website offer you links to other sites on the Internet that are owned and operated by third parties and, therefore, not affiliated with us. Please understand that such linked websites are independent from Total Diving and that we have no control over the content of such websites. Consequently, Total Diving cannot be held liable and makes no warranty or representation whatsoever as to the accuracy, timeliness and/or completeness of the information contained on such websites.

The presence on our Website of links to other websites should not be interpreted as implying that we sponsor, endorse or are affiliated or associated with or have been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such websites.

We welcome any feedback that you may have concerning the external links that we have placed on our Website.

Disclaimer / Limitation of Liability

Although we strive to update and maintain the accuracy of the content contained on the Website, errors and/or omissions may occur.

ACCORDINGLY, THIS SITE, INCLUDING THE CONTENT PROVIDED HEREIN, IS BEING PROVIDED ON AN "AS IS" BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TOTAL DIVING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TOTAL DIVING DOES NOT WARRANT THAT THE FUNCTIONS ON THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

IN NO EVENT SHALL TOTAL DIVING BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR ANY CONTENT OR SERVICES, EVEN IF TOTAL DIVING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Indemnity

By using this Website, you agree to indemnify and hold harmless Total Diving, its affiliates, members, officers, employees, agents, instructors, divemasters and licensors from and against any and all losses, expenses, damages, claims, fines, penalties, costs and liabilities (including reasonable legal and accounting fees), resulting from (a) any content which you (or anyone acting under your password or user name) may submit, post, transmit or make available on the Website and/or (b) your use of this Website, connection thereto, or any alleged violation by you of these Terms of Use.

Privacy

Total Diving respects your right to privacy. Please review Total Diving Website Privacy Statement for details on the manner in which we collect, use, disclose and otherwise manage any of your personal information.

Changes and Termination

Total Diving reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Further, Total Diving reserves the right to change these Terms of Use at any time and to notify you solely by posting an updated version of the Terms of Use on this Website. You are responsible for regularly reviewing the Terms of Use including, without limitation, by checking the date of "Last Update" at the bottom of this document. Continued use of the Website after any such changes shall constitute your consent to be bound by such changes with continued provision of the use of the Website constituting consideration from Total Diving to you for so being bound.

Applicable Laws

These Terms of Use are governed by and construed in accordance with the laws of the Province of Quebec and of the laws of Canada applicable therein. Any dispute is to be submitted to a court of competent jurisdiction in the judicial district of Montreal, Province of Quebec. If any provision of the present Terms of Use shall be unlawful, void or for any reason unenforceable, then such provision shall be severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

These Terms of Use and any and all other legal notices or statements posted on the Website constitute the entire agreement between you and Total Diving with respect to the use of the Website including the Content.

Notice

Notices to you may be given via eMail or regular mail, or in cases of changes to these Terms of Use or to the services offered by the Website, by posting notices or links to such notices on the Website itself.

If you have any questions or comments regarding these Terms of Use please contact us.

- version of 2012-12-07 -

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