Conditions of Use

Last updated: March 1, 2018

Welcome to DiveMentor.org. Dive Mentor, Inc. and/or its affiliates (“Dive Mentor”) provide website features and other products and services to you when you visit or shop at DiveMentor.org, use Dive Mentor products or services, use Dive Mentor applications for mobile, or use software provided by Dive Mentor in connection with any of the foregoing (collectively, “Dive Mentor Services” or “Services”). Dive Mentor provides the Services subject to the following conditions.

By using Dive Mentor Services, you agree to these conditions. Please read them carefully. We offer a wide range of Services, and sometimes additional terms may apply. If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.

PRIVACY

Please review our Privacy Notice, which also governs your use of Dive Mentor Services, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you use Dive Mentor Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Dive Mentor Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included in or made available through any Dive Mentor Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Dive Mentor or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Dive Mentor Service is the exclusive property of Dive Mentor and protected by U.S. and international copyright laws.

TRADEMARKS

Click here to see a non-exhaustive list of Dive Mentor trademarks. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Dive Mentor Service are trademarks or trade dress of Dive Mentor in the U.S. and other countries. Dive Mentor’s trademarks and trade dress may not be used in connection with any product or service that is not Dive Mentor’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Dive Mentor. All other trademarks not owned by Dive Mentor that appear in any Dive Mentor Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Dive Mentor.

LICENSE AND ACCESS

Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Dive Mentor or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Dive Mentor Services. This license does not include any resale or commercial use of any Dive Mentor Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Dive Mentor Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Dive Mentor or its licensors, suppliers, publishers, rightsholders, or other content providers. No Dive Mentor Service, nor any part of any Dive Mentor Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Dive Mentor. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Dive Mentor without express written consent. You may not use any meta tags or any other “hidden text” utilizing Dive Mentor’s name or trademarks without the express written consent of Dive Mentor. You may not misuse the Dive Mentor Services. You may use the Dive Mentor Services only as permitted by law. The licenses granted by Dive Mentor terminate if you do not comply with these Conditions of Use or any Service Terms.

YOUR ACCOUNT

You may need your own Dive Mentor account to use certain Dive Mentor Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. Click here to manage your payment options. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Dive Mentor does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Dive Mentor Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their Dive Mentor Household. Dive Mentor reserves the right to refuse service, terminate accounts, terminate your rights to use Dive Mentor Services, remove or edit content, or cancel orders in its sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

You may post reviews, comments, photos, videos, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Dive Mentor reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Dive Mentor a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Dive Mentor and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Dive Mentor for all claims resulting from content you supply. Dive Mentor has the right but not the obligation to monitor and edit or remove any activity or content. Dive Mentor takes no responsibility and assumes no liability for any content posted by you or any third party.

INTELLECTUAL PROPERTY COMPLAINTS

Dive Mentor respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please contact us.

RISK OF LOSS

All purchases of physical items from Dive Mentor are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

RETURNS, REFUNDS AND TITLE

Dive Mentor does not take title to returned items until the item arrives at our fulfillment center, and only after we’ve provided you with a written reciept. At our discretion, a refund may be issued without requiring a return. In this situation, Dive Mentor does not take title to the refunded item.

PRODUCT DESCRIPTIONS

Dive Mentor attempts to be as accurate as possible. However, Dive Mentor does not warrant that product descriptions or other content of any Dive Mentor Service is accurate, complete, reliable, current, or error-free. If a product offered by Dive Mentor itself is not as described, your sole remedy is to return it in unused condition.

PRICING

“Price” means the suggested retail price of a product or service as provided by a manufacturer, supplier, or seller. “Your Cost” means the actual cost you will be required to pay for a product or service as provided by a manufacturer, supplier, or seller. We regularly check Prices against other retailers. With respect to items sold by Dive Mentor, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Dive Mentor is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item. We generally do not charge your credit card until after your order has entered the fulfillment process or, for digital products, until we make the digital product available to you.

SANCTIONS AND EXPORT POLICY

You may not use any Dive Mentor Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Dive Mentor Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including Dive Mentor Software), technology, and services.

OTHER BUSINESSES

Parties other than Dive Mentor operate stores, provide services or software, or sell product lines through the Dive Mentor Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from Dive Mentor. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). Dive Mentor does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE DIVE MENTOR SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE DIVE MENTOR SERVICES ARE PROVIDED BY DIVE MENTOR ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. DIVE MENTOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE DIVE MENTOR SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE DIVE MENTOR SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE DIVE MENTOR SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, DIVE MENTOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DIVE MENTOR DOES NOT WARRANT THAT THE DIVE MENTOR SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE DIVE MENTOR SERVICES, DIVE MENTOR’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM DIVE MENTOR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, DIVE MENTOR WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY DIVE MENTOR SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY DIVE MENTOR SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

DISPUTES, APPLICABLE LAW, AND FORUM

The formation, construction, performance and enforcement of this Agreement shall be in accordance with the laws of the United States and the state of Oklahoma without regard to its conflict of law provisions or the conflict of law provisions of any other jurisdiction. In the event of a dispute arising out of this Agreement, the parties agree to attempt to resolve any dispute by negotiation between the parties. If they are unable to resolve the dispute, either party may file an action specifically in a competent court in Cleveland County, Oklahoma. You hereby waive any jurisdictional or venue defenses available to you, and further consent to service of process by mail. 

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your use of Dive Mentor Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

OUR ADDRESS

Dive Mentor, Inc.
Attn: Legal
P.O. Box 777
Norman, OK 73068-0777

ADDITIONAL DIVE MENTOR SOFTWARE TERMS

The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Dive Mentor Services (the “Dive Mentor Software”). 

Use of the Dive Mentor Software. You may use Dive Mentor Software solely for purposes of enabling you to use the Dive Mentor Services as provided by Dive Mentor, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the Dive Mentor Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the Dive Mentor Software in whole or in part. All software used in any Dive Mentor Service is the property of Dive Mentor or its software suppliers and is protected by United States and international copyright laws.

Use of Third Party Services. When you use the Dive Mentor Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.

No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Dive Mentor Software, whether in whole or in part.

Updates. We may offer automatic or manual updates to the Dive Mentor Software at any time and without notice to you.

Government End Users. If you are a U.S. Government end user, we are licensing the Dive Mentor Software to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Dive Mentor Software are the same as the rights we grant to all others under these Conditions of Use.

Conflicts. In the event of any conflict between these Conditions of Use and any other Dive Mentor or third-party terms applicable to any portion of Dive Mentor Software, such as open-source license terms, such other terms will control as to that portion of the Dive Mentor Software and to the extent of the conflict.

HOW TO SERVE A SUBPOENA OR OTHER LEGAL PROCESS

Dive Mentor accepts service of subpoenas or other legal process only through Dive Mentor’s national registered agent, Harvard Business Services (HBS). Subpoenas or other legal process may be served by sending them to HBS at the following address:

Dive Mentor, Inc.
Harvard Business Services
Attn: Legal Department – Legal Process
16192 Coastal Hwy
Lewes, DE 19958

Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. 

 

Terms of Service

Last updated: 1 March, 2018

This is an agreement between you and Dive Mentor, Inc. (with its affiliates, “Dive Mentor” or “we”). Please read these Dive Mentor Services Terms of Use, the DiveMentor.org Privacy Notice, the DiveMentor.org Conditions of Use, and the other applicable rules, policies, and terms available at the DiveMentor.org website, or on or through the Dive Mentor Software (collectively, this “Agreement”) before using the Dive Mentor Services on a Product. By using the Dive Mentor Services, you agree to be bound by the terms of this Agreement. If you do not accept the terms of this Agreement, then you may not use the Dive Mentor Services. Your use of any of the Dive Mentor Services is subject to any additional rules, policies, and terms that apply to those Dive Mentor Services.

For the purpose of these Dive Mentor Services Terms of Use:

“Dive Mentor Services” means the provision of Dive Mentor Software, Digital Content, and support and other services that we provide Product users through this website or other digital platforms.

“Dive Mentor Software” means all software we make available to you for use on a Product, including this website, but excludes third-party Digital Content.

“Digital Content” means digitized content (including third-party content), such as videos, music, apps, games, skills, photos, audio, books, newspapers, magazines, and related features and functionality.

“Product” means any digital device such as computers, mobile phones, and tablets that you personally own and have control over.

Dive Mentor Services, Dive Mentor Software

Use of Dive Mentor Services. To use certain Dive Mentor Services, you must have your own Dive Mentor.org account or other third-party account (such as that provided by Scuba Schools International, the Professional Association of Dive Instructors, etc), be logged in to your account, and have a valid payment method associated with your account.

Use of the Dive Mentor Software. Except as provided in this section, you may use the Dive Mentor Software only on your own Product. For additional terms that apply to the Dive Mentor Software or software provided by third parties, see the Additional Dive Mentor Software Terms contained in the DiveMentor.org Conditions of Use or the Terms provided by third parties accessed through Dive Mentor Software. Dive Mentor Software licensed under an open source license is governed solely by the terms of that open source license.

Connectivity and Availability

Internet Connectivity. Dive Mentor Services, and other services provided by third-parties offered through Dive Mentor Services may require an Internet connection from a third-party provider in order to use some features. In such cases, your Internet connection is subject to the fees, restrictions, terms and limitations imposed by your provider.

Availability. Some Dive Mentor Services may be unavailable, vary (by product or geography, for example), be offered for a limited time, or require separate subscriptions.

General

Information Received. The Dive Mentor Software may provide us or our third-party providers with information about your Product, use of the Product, and use of Digital Content, other content, and the Dive Mentor Services (such as search queries, installed applications, viewing and usage data, available memory, log files, network diagnostics, voice information, and connectivity). Manufacturers of your Product may also provide us with similar information. Information provided to Dive Mentor may be processed in the cloud to improve your experience and our services, and may be stored on servers outside the country in which you live. We will handle any information we receive in accordance with the DiveMentor.org Privacy Notice.

Information Provided To Others. You are responsible for any information you provide to others, including third-party Digital Content providers. Use of information you provide to these third parties will be subject to any privacy notice or other terms that they may provide to you.

Changes to Dive Mentor Services; Amendments. We may change, suspend, or discontinue the Dive Mentor Services, or any part of them, at any time without notice. We may amend any of this Agreement’s terms at our sole discretion by posting the revised terms on the DiveMentor.org website. Your continued use of Dive Mentor Services after the effective date of the revised Agreement constitutes your acceptance of the terms.

Termination. Your rights under this Agreement will automatically terminate without notice if you fail to comply with any of its terms. In case of such termination, Dive Mentor may immediately revoke your access to the Dive Mentor Services, including those offered by third parties through Dive Mentor Services. Dive Mentor’s failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of its rights.

Disputes/Governing Law/Venue. The formation, construction, performance and enforcement of this Agreement, disclaimer of warranties, limitation of liability, and all other terms in the DiveMentor.org Conditions of Use and other such Agreements entered into by using Dive Mentor Services, this website, or by your signature shall be in accordance with the laws of the United States and the state of Oklahoma without regard to its conflict of law provisions or the conflict of law provisions of any other jurisdiction. In the event of any dispute or claim arising from or relating to this Agreement, Dive Mentor Software, Dive Mentor Services, or any other Agreement you enter into with Dive Mentor, you agree to attempt to resolve any dispute by negotiation between yourself and Dive Mentor. In the event the parties are unable to resolve the dispute, either party may file an action specifically in a competent court in Cleveland County, Oklahoma. You hereby waive any jurisdictional or venue defenses available to you, and further consent to service of process by mail.

Disclaimer of Warranties and Limitation of Liability. Products are developed and manufactured by third parties, and we have no responsibility or liability for any aspect of Products except the Dive Mentor Services. Without limiting the Disclaimer of Warranties and Limitation of Liability terms in the DiveMentor.org Conditions of Use, unless otherwise required by applicable law, in no event will our or our licensors’ aggregate liability with respect to any claim arising from or related to this Agreement or your use of the Dive Mentor Services exceed one dollar ($1.00).

Accuracy of Information. You hereby certify that all of the details you provide to Dive Mentor in your account, on applications, and in training documentation are true and correct to the best of your knowledge. You agree and understand that if any of the statements you provide are later to be found false, that your Dive Mentor account may be cancelled, and you may be removed from any Dive Mentor training program without being refunded your deposit or any fees paid to Dive Mentor.

Contact Information. For help with the Dive Mentor Services, Digital Content, Dive Mentor Software or resolving other related issues, please contact us using our Contact Form.