Terms of Use

Rough Draft last updated 1-13 11:30 am

 

Terms of Use

Please, read these Terms of Use ("Terms", "Terms of Use") carefully before using the http://www.5280scuba.com website and the 5280 Scuba Inc. mobile application (the "Service") operated by 5280 Scuba Inc.

 

Before we begin. If you are here, then you are most likely a lover of the sea. A scuba diver or snorkeler. We love that about you. And most likely you are a reasonable wonderful Human Being. Us too. We are trying to make your life better with this site. Our heart is in the right place and our intentions are true. So, we ask for common courtesy when using our site. Others may see your comments. We might mess up an order from time to time, sorry. And you know, you might just fall victim to the gremlins in the system from time to time. It can be frustrating, for us magnified.  We promise to do everything we can to make it right.

 

What is right? Please know that we trust us, so we will be the judge of what is right.  We can’t leave it to you because you will always be right. And if your right doesn’t match our right then you might just get all angry and nasty about it. That is why we have these Terms of Use in the first place.  

 

There are mean people out there. And boy we know that a lot of Americans feel entitled and the customer is always right, right?  Nope, we see it all. Package arrives 1 day late and they are screaming how they want their money back. That is not being reasonable. And if you can believe it there are unreasonable people out there.  Your purchase is appreciated but it does not enslave us to crazy stuff.  We will be courteous, kind, and do our job as best we can.

However, if you:

 

             Are known in your sphere as mean

             Have ever been escorted out of a business by security

             Are off your meds

             Are an attorney looking for a fight

             Are a negative person

             Have ever sued a retailer for any reason

             Have a victim mentality

 

Please, do not accept these Terms of Use!  Go to that other website and torture them.

 

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

 

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.

 

Purchases

 

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your personal and or financial information such as a credit card, email address, mailing address, website, phone number, Full legal name.

 

All Sales Final

 

The United States Federal Law, nor any US State Law, prohibits “All Sales Final” policies. As long as the policy is clear and in writing.  5280 Scuba Inc. is not required by law to return or refund except when a product is defective.

 

Once an item is purchased under an All Sales Final policy, customers have no remedies if they change their mind or find it does not fit their purposes. 5280 Scuba Inc Has chosen this policy as protection from unscrupulous purchasers, and those that you just can’t make happy.

 

Our “Return or Refund” policy is completely at our discretion and by acceptance of these terms and conditions you hereby accept our policy on this matter.

 

Termination

 

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

 

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

Content

 

Our Service allows you to post testimonials, comments, requests, statements, store wish list products, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the security of maintaining your passwords, and all user information. We do not condone the sharing of information with any person other than yourself.

 

Links To Other Web Sites

 

Our Service may contain links to third-party web sites or services that are not owned or controlled by 5280 Scuba Inc. This is a courtesy, to improve your experience or convenience. It is at your sole discretion to click, visit, share, join, view, or participate in any way with these sites.  

 

5280 Scuba Inc. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that 5280 Scuba Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

 

Changes

 

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 14 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

 

You must be at least 18 years old to open a 5280 Scuba Inc. account.

  • You are solely responsible for protecting your own account password and other account information.
  • Unless you have an affiliate member account, www.5280scuba.com, is for personal use only.
  • Do not use 5280 Scuba Inc. website if you do not agree to the Terms of Use described herein. Your use of 5280 Scuba Inc. website means you agree to these Terms of Use.

 

 

Discretion

 

 

 

 

Services

  • Purchases
  • Rentals
  • Gear Service
  • Advice

Content

Anything digital displayed or offered by 5280 Scuba Inc.. Such as:

  • Images & Videos
  • Websites
  • Blog links
  • Apps
  • Newsletters
  • RSS feeds

Anything that’s available through those services. Including:

  • TV and radio shows
  • Text
  • Audio
  • Video
  • Images
  • Games
  • Software
  • Technical stuff such as metadata and open-source code
  • Anything made by people using our services, User-generated content.

Don’t mess with our services

What do we mean by that? This sort of thing:

  • Hacking them, (go pick on someone else)
  • Copying our content for any use without written permission
  • Trying to get around our content security technology (software that stops people copying our content)
  • Accessing content from outside the USA that you aren’t allowed to, or helping others do the same.
  • Refusing to adhere to our policies.

Don’t harm or offend other people...

We are kind and thoughtful people. We don’t intend ever to harm or offend others. Yet with 7 Billion on planet earth, it is likely that a comment or statement could be interpreted not as we intended. But, we don’t know you, so we ask that you think before you speak and be kind. Don’t harm or offend other people while using our services or content. That means:

  • Don’t damage our reputation by associating us with sexism or racism, political parties.
  • Don’t get us sued – by defaming someone.
  • Don’t harass or upset people purposely by your comments.
  • Don’t post or upload anything offensive or obscene
  • Please use language you would in front of your grandmother.
  • If you disagree with someone, attack the argument, not the person.

Registering for an account

You need an account to use some of our services, like loyalty points, wish list and notifications. To keep your account safe, don’t:

  • Tell anyone your username or password
  • Give us false information
  • Try to log in as someone else
  • Try to bypass our security measures
  • Create more than one account
  • Create an account for someone else.

And be sure to keep your details up-to-date.

What we do with your information

The data you send us when you register, fill in web forms or use our services helps us to:

  • Provide you with services, recommendations, notifications and other features
  • Improve our existing services and come up with new ones.
  • It is never sold, shared, rented, or distributed.

Mishaps

We take great care to make our content and services the best they can be. We subscribe to internet best practices for security. But there are hacker bastards out there that just want to mess with good people. So, if something does go wrong we’re not liable for anything that happens if:

  • You rely on advice, data, commentary, opinions or any other content
  • There are errors, omissions, interruptions, delays, bugs or viruses
  • We turn off or remove content, services, external links or creations
  • Items are discontinued beyond our control.
  • Factory delays interfere with our shipping schedule.

This applies to sites we link to as well as our content and services.

 

External links

We sometimes link to non- 5280 Scuba Inc. sites. And we sometimes put our services on them – when you connect with us on social media, for example.

 

A few things to bear in mind:

     a. We don’t endorse the sites we link to.

     b. We’re not responsible for their content or liable for anything that happens to you if you

         use them.

     c. If you or anyone else shares something containing a link, we’re not responsible for

        anything on the site it links to.

     d. External sites usually have their own terms of use.

Final stuff

A quick recap, a few extra-legal bits and we’re done:

If you use a service on behalf of a business, that business agrees to these terms.             So, your business must stick to these terms if you use a service...

  • substantially to do your job – as an employee, contractor or consultant
  • for commercial purposes – to make a profit or
  • for educational, non-profit, charitable or government uses.

As we said earlier, (as if saying it again will change anything) read these terms before using our services. When you use our services and content, you’re agreeing to:

  • These terms of use
  • Our privacy and cookies policy
  • Any other terms we’ve let you know about.

And those things replace all previous agreements between you and us about using our services or content.

This is a contract between you and us. No one else has any rights to enforce its terms.

 American law governs these terms, and only American courts can make judgments about them.

 

Please do read the fine print.

We are just regular people like you trying to make a living doing what we love. We love the sea and all sports having to do with the sea.  As you might be able to tell, we have a sense of humor and love sharing with our customers. Life is short, and we want you to be happy about your purchases and your experience with us.   We are exactly like no one else and hope you can appreciate that. If for any reason you are unhappy with us, then we are sincerely sorry for that, please know it wasn’t intended. If you love us, then please share your experience with others. We hope to meet you in some wonderful location enjoying our passions.    Safe diving and have fun!

 

 

Contact Us

 

If you have any questions about these Terms, please contact us by email at dive@5280scuba.com or phone at 90D-IVE-5280 (903-483-5280)