We may amend this Agreement at any time by posting the amended terms on our Website. We may or may not post notices on the homepage of our Website when such changes occur.
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 National Scuba. 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. National Scuba aggressively enforces its intellectual property rights to the fullest extent of the law. The names and logos of National Scuba, 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 National Scuba. National Scuba prohibits use of any logo of National Scuba 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 National Scuba in writing. Fair use of National Scuba’ 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 National Scuba. Such links are provided for your reference only. National Scuba does not monitor or control outside Websites and is not responsible for their content. National Scuba 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 National Scuba inclusion of the links imply that National Scuba 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 National Scuba determines in its discretion. You should not assume that the information contained on this Website has been updated or otherwise contains current information. National Scuba 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 National Scuba ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, National Scuba 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. National Scuba SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. National Scuba 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 National Scuba 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 National Scuba LIABILITY FOR ANY DAMAGE CLAIM EXCEED THE AMOUNT PAID BY YOU TO National Scuba 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, National Scuba 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, National Scuba DISCLAIMS ANY LIABILITY AS TO THE ACCURACY OR COMPLETENESS OF EACH ITEM DESCRIPTION.
National Scuba 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 National Scuba 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 National Scuba of the material contained therein. The opinions contained in any such article are not necessarily the opinion of National Scuba.
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 Courses are non-refundable once the course material is delivered or shipped.
Shipping is done though USPS or UPS.
Contacting Us/Feedback, Postings and Communications
If you have any questions about this Agreement or the Website, please contact us.
Although National Scuba will in most circumstances be able to receive your e-mail or other information provided through this Website (including, without limitation, service requests and other submissions), National Scuba does not guarantee that it will receive all such email or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such e-mail or other information. Be aware that Internet email typically is not secure.
All comments, feedback, postcards, suggestions, ideas and other submissions disclosed, submitted or offered to National Scuba on or by this Website or otherwise disclosed, submitted or offered in connection with your use of this Website, including, without limitation, postings in any chat room (collectively, "Communication") shall be and remain the property of National Scuba. Such disclosure, submission or offer of any Communication shall constitute an assignment to National Scuba of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Communication. Accordingly, National Scuba will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Communication. National Scuba is and shall be under no obligation (1) to maintain any Communication in confidence; (2) to pay you or anyone else any compensation for any Communication; or (3) to respond to your Communication. You agree that no Communication submitted by you to this Website will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Communication submitted by you to this Website will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Communication you make and we are not responsible for any falsehoods or inaccuracies in the information you provide us through this Website. You agree that National Scuba may use and/or disclose information about your demographics and use of this Website in any manner that does not reveal your identity. You agree that National Scuba may (but shall not be obligated to) send email to you for the purpose of advising you of changes or additions to this Website, about any of National Scuba products or services, or for such other purpose(s) as National Scuba deems appropriate.
General Information You agree that the laws of the State of Nevada, 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 Pensacola, 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. National Scuba 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 Pensacola, 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 National Scuba 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 National Scuba as a result of this Agreement or your use of this Website.
National Scuba performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of National Scuba right to comply with law enforcement requests or requirements relating to your use of this Website or information provided to or gathered by National Scuba with respect to such use.
This Agreement constitutes the entire agreement between you and National Scuba with respect to this Website. This Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and National Scuba with respect to this Website. No modification of this Agreement shall be effective unless it is authored by National Scuba or its affiliates, or unless it is physically signed by a National Scuba 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 National Scuba 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 National Scuba in printed form.
"Non-Personal Information" is information that is in no way personally identifiable and that is obtained automatically through your simple use of our Website with a web browser.
"Personally Identifiable Information" is non-public information that is personally identifiable and obtained in connection with providing a product or service to you. It may include information such as your name, address, phone number, and other related information you provide to us.
Our Commitment to Your Privacy
National Scuba is committed to the security and privacy of all our clients. We take your privacy seriously, and we will work with you to ensure that you have an enjoyable shopping experience, but that you do so in a safe and secure online environment.
National Scuba and its affiliates are committed to respecting your privacy and recognize the need for appropriate protection and management of your Personally Identifiable Information you share with us.
As a part of our commitment to your privacy, we support and adhere to the guidelines and practices adopted by the Direct Marketing Association Privacy Promise to consumers. Accordingly, we have agreed to (1) provide customers with notice of their ability to opt out of information exchanges with other marketers; (2) honor customer requests not to have their information transferred to others for marketing purposes; and (3) accept and honor customer requests not to receive solicitations from any of our brands.
Links to Other Websites
What Information We May Collect
Generally, our customers and investors can visit our Website without providing or revealing any personal or Personally Identifiable Information. We receive and store certain types of information whenever visitors interact with our Website. We may track the Internet domain address from which our visitors visit our Website and analyze this data for trends and statistics. Unless a visitor to our Website voluntarily provides Personally Identifiable Information to us, each individual customer remains anonymous.
We receive and may store certain Personally Identifiable Information that our visitors enter when visiting our website or provide to us in other ways. For instance, we collect the information you provide to us when you place an order, register with us, send an email or call us, enter a sweepstakes or contest, subscribe to a service, enroll in a club, request to receive a catalog, or participate in a promotion. This information may include your name, shipping/billing address, telephone number, email address, credit card information, product purchases, birth date, gender, occupation, personal interests, and other similar personal or preference data that you provide to us. It may also include information you submit about other people such as the name and address of a gift recipient. Whether or not you provide such information to us is completely your own choice.
How We Use Your Information
We use the personal and/or Personally Identifiable Information you provide for our internal purposes, such as confirming and tracking your order, analyzing trends and statistics, informing you of our new products (including products of our affiliates), services and offers, and providing you with information about us and our products.
From time to time, we may also work with other organizations that we believe are trustworthy and offer products or services that may be of interest to you. In such instances, we might share limited information (such as your name and postal address) that we have collected from you, including Personally Identifiable Information, so that such organizations may contact you with offers that may interest you. However, we will not share your information with these organizations if you have requested that we refrain from doing so.
To serve you better, we may combine the information you give us online, through our catalogs, and from our retail locations; publicly available information; and information we receive from others. We use that combined information to enhance and personalize your experience with us, to communicate with you about our products and events that may be of interest to you, and for other promotional purposes.
Also, we may contract with third-party service providers to provide certain services for our business, such as credit card processing, computer system services, shipping, data management, or promotional services. We provide the information needed for these service providers to perform these services. The information we provide may include some of our customers' personal and Personally Identifiable Information. However, these service providers are not authorized to use any of the information we share with them for any purposes other than to provide services to us.
We may share information that we have collected with governmental agencies and other organizations assisting us in fraud prevention or for investigative purposes. We may do so when permitted or mandated by law; trying to protect against or prevent fraud; attempting to prevent unauthorized or improper transactions; or investigating fraud or improper conduct that has already taken place. In these instances, the information is not provided to these agencies or organizations for marketing or any other unrelated purposes.
Additionally, we may share your email address, name, telephone number, and postal address within the National Scuba family of businesses. Also, when you purchase from us through our catalogs or Websites we may need to contact you via phone, email, or mail to address issues specific to your order, even if you have opted to not receive communications from us.
From time to time we may also market certain third-party services through our Website. Should you choose to accept an offer from a third-party, we will pass your relevant Personally Identifiable Information, including your name, postal address, credit/debit card number and any other required billing information to that specific third-party.
Finally, if some or all of the business assets of any our company are sold or transferred, we generally would transfer the corresponding information regarding our customers and visitors to the purchaser. We also may retain a copy of that information.
Changes to Your Information
You may update your registered Personally Identifiable Information at any time. This includes your name, password, email, and postal address. You may also manage your mailing preferences and email formats.
If at any time you would like us to update your Personally Identifiable Information or remove you from our email or postal mailing lists, or if you need assistance with the modification of your information, send us an email with your request.
Opting Out of Sharing Information
You may opt out of future unaffiliated third-party disclosures of your information. Such opt-out will not affect disclosures otherwise permitted by law including but not limited to: (i) disclosures to affiliates, (ii) disclosures to third-party service providers who provide certain services for our business, such as credit card processing, computer system services, shipping, data management, or promotional services, (iii) disclosures to third parties as necessary to fulfill your requests, (iv) disclosures to governmental agencies or law enforcement departments or otherwise required to be made under applicable law, (v) previously completed disclosures to third parties, or (vi) disclosures to third parties in connection with subsequent contests or promotions you may choose to enter, or third-party offers you may choose to accept.
Protecting Your Child's Privacy
Our Website is not designed for use by anyone under the age of 18 (child), though we realize we may have users under this age. We do not verify the age of our users nor do we have any liability for verifying a user's age. If you are under the age of 18, please seek the permission of a parent or guardian before placing an order. If you are a parent or guardian and believe your child is using our Website, please contact us. If children submit information to us and we know that the individuals submitting the information are indeed children, we will delete the information as soon as we discover it, we will not use the information for any purpose, and we will not disclose the information to third parties.
Our Email Policy
National Scuba and our affiliates all fully comply with international laws regarding SPAM. You can always opt out of receipt of further email correspondence from us. We will not sell, rent, or trade your email address to any unaffiliated third-party without your permission. We believe that your email address is personal and should be kept that way. We use your email address to provide better customer service, to facilitate your transactions with our third-party marketing partners, and to be able to inform you of the Internet offers and promotions from us or our affiliates.
Our Security Policy
Because we all benefit from secure online shopping, we have taken steps to build and manage a system that you can use with confidence. We use sophisticated encryption and authentication tools to protect the security of the Personally Identifiable Information that you share with us. If sensitive data is collected through this Website, we will encrypt your Personally Identifiable Information before it travels over the Internet using industry standards for secure online transactions. The Personally Identifiable Information you provide to us is preserved behind a firewall, instead of being directly connected to the Internet. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. Once we receive your transmission, we have appropriate security measures in place within our physical facilities to protect against the loss, misuse, or alteration of the Personally Identifiable Information you have provided to us.
We urge you to keep your password for our Website in a safe place and not divulge it to anyone. Also remember to sign off your account and close your browser window when you have finished your visit to our Website. This is to ensure that others cannot access your account, especially if you are sharing a computer with someone else or are using a computer in a public place such as a library or Internet cafe.
Use of Payment Sources
To make a purchase through our Website, you will have to provide a payment source, such as a credit card or PayPal. We use third-party billing services and HAVE NO CONTROL over these services. We will use our best efforts to make sure that your payment source is kept STRICTLY CONFIDENTIAL by using only third-party billing services that use industry-standard technologies to protect your payment source from unauthorized use. However, you understand and agree that we are in no way responsible for any misuse of your payment source.
We may also use web beacons to collect Non-Personal Information about your use of our Website and the Websites of selected sponsors and advertisers, and your use of special promotions or newsletters. The information collected by Web Beacons (a) allows us to statistically monitor how many people open our emails and (b) for what purposes these actions are being taken. Our Web Beacons are not used to track your activity outside of our Websites or those of our sponsors'. We do not link Non-Personal Information from Web Beacons to Personally Identifiable Information without your permission.
To help us improve our privacy and security policies and practices, please send us your questions and feedback using the Contact Us and Feedback forms on our Website.