|
Eligibility
Individuals who can make legally binding contracts under
applicable law may only use the services provided by Abyss
Dive Charters L.L.C. The services provided by Abyss Dive
Charters L.L.C. are not available to minors and/or those
individuals under the age of 18 years old and any other
individuals who are legally prohibited from entering into
binding contracts. Abyss Dive Charters L.L.C. reserves
the right to refuse service at any time to anyone at any
time for any reason.
User
Records
User expressly agrees to provide certain current, complete,
and accurate information, including the User's name, mailing
address, E-mail address and voice telephone number on
file with Abyss Dive Charters L.L.C. and maintain and
update this information as required to keep it current,
complete and accurate. If any such information is incomplete
or inaccurate, Abyss Dive Charters L.L.C. retains the
right to terminate all Users' rights to use the services
provided by Abyss Dive Charters L.L.C.
Fraudulent
supplication of information will be prosecuted to the
fullest extent of the law. User grants Abyss Dive Charters
L.L.C. the right to disclose User data to third parties
should Abyss Dive Charters L.L.C. is required to disclose
such information by applicable law or by subpoena.
Service
Provided
The service Abyss Dive Charters L.L.C. provides to its
Users is limited to facilitating the sale and transfer
of ownership of personal property. Abyss Dive Charters
L.L.C. provides a forum for the sale of goods. Abyss Dive
Charters L.L.C. cannot be held liable for the actions
of its Users.
User
agrees that Abyss Dive Charters L.L.C. is not responsible
for anything that causes User's inability to access AbyssDiveCharters.com.
User understands that due to server down time or other
circumstances beyond the control of Abyss Dive Charters
L.L.C., access to the system may be temporarily denied.
Abyss Dive Charters L.L.C. is not under obligation to
extend or restart an auction due to the inability of bidders
to access the system. Abyss Dive Charters L.L.C. is not
responsible for bids that for whatever reason were never
processed.
Any
and all payments to Abyss Dive Charters L.L.C. for its
services are nonrefundable whether or not the service
is provided.
Limitations
on Use of Service
The User may only use the services provided by Abyss Dive
Charters L.L.C. User is prohibited from allowing third
parties to use their Abyss Dive Charters L.L.C. account
information.
Abyss
Dive Charters L.L.C. will not facilitate the sale of items
that may be illegal to sell in this manor or potentially
infringing items. Abyss Dive Charters L.L.C. will cancel
the account of any User that attempts to buy a prohibited
item and the User will be prosecuted to the fullest extent
of the law. However, Abyss Dive Charters L.L.C. makes
no guarantee that it will notice or be able to prevent
any illegal, infringing, or inappropriate use of its service.
Any
form of price manipulation or negotiation is strictly
prohibited.
Release
and Limitation of Liability
User hereby waives, releases, forgives, discharges and
relinquishes any and all claims that User now has or may
have against Abyss Dive Charters L.L.C., its affiliates,
subsidiaries, parents, shareholders, directors, officers,
employees, agents and representatives which are connected
with, arise out of, relate to or are incidental to any
AbyssDiveCharters.com transaction.
User
hereby agrees to indemnify, defend and hold Abyss Dive
Charters L.L.C., its affiliates, subsidiaries, parents,
shareholders, directors, officers, employees, agents and
representatives harmless from and against any and all
claims, loss, damage, tax, liability and/or expense that
may be incurred by Abyss Dive Charters L.L.C., its affiliates,
subsidiaries, parents, shareholders, directors, officers,
employees, agents and representatives arising out of or
in connection with the performance of its duties as described
in this Agreement including the legal costs, fees and
expenses of defending itself against any claim by any
or all of the parties to any Abyss Dive Charters L.L.C.
transaction and/or by any other person and/or as a result
of the Member taking any action or refraining from taking
any action or instituting or defending any action or legal
proceeding.
User
further agrees to indemnify and hold Abyss Dive Charters
L.L.C., its affiliates, subsidiaries, parents, shareholders,
directors, officers, employees, agents and representatives
harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising
out of User's use of the Service, the violation of these
Terms and Conditions by User, or the infringement by User,
or other user of the Service using User's computer, of
any intellectual property or other right of any person
or entity.
Users
are required to ensure that they are not prohibited from
buying any item in question by any applicable local, state,
federal, or international laws or regulation.
Abyss
Dive Charters L.L.C. shall in no way be liable for any
direct, indirect, incidental, special or consequential
damages, resulting from the use or the inability to use
the service, or for cost of procurement of substitute
goods and services or returning any goods, or services
purchased or obtained, or messages received or transactions
entered into through the service or resulting from unauthorized
access to or alteration of member's transmission or data,
including but not limited to, damages for loss of profits,
use, data or other intangibles, even if Abyss Dive Charters
L.L.C. has been advised of the possibility of such damages.
Disclaimer
of Warranties
User expressly agrees that use of the service is at member's
sole risk. The service is provided on an "as"
and & "as available" basis. Abyss Dive Charters
L.L.C. expressly disclaims any and all warranties of any
kind, whether express or implied, including, but not limited
to warranties of title, the implied warranties of merchantability,
fitness for a particular purpose and non-infringement.
Some states do not allow the disclaimer of implied warranties,
so this disclaimer may not apply to you.
Abyss
Dive Charters L.L.C., including each of its affiliates,
makes no warranty that the service will meet your requirements,
or that the service will be uninterrupted, timely, secure,
or error free;
Nor
does Abyss Dive Charters L.L.C. or its affiliates make
any warranty as to the results that may be obtained from
the use of the service or as to the accuracy or reliability
of any information obtained through the service or that
defects in the software will be corrected.
Abyss
Dive Charters L.L.C. makes no warranty regarding any goods
or services purchased or obtained through the service
or any transactions entered into through the service.
No advice or information, whether oral or written, obtained
by User from Abyss Dive Charters L.L.C. or through the
service shall create any warranty not expressly made herein.
Applicable
Law
These Terms and Conditions shall be governed by and construed
in accordance with the laws of the State of Michigan.
User and Abyss Dive Charters L.L.C. agree to submit to
the exclusive jurisdiction of the courts of the State
of Wisconsin. If any provision(s) of these Terms and Conditions
is held by a court of competent jurisdiction to be contrary
to law, then such provision(s) shall be construed, as
nearly as possible, to reflect the intentions of the parties
with the other provisions remaining in full force and
effect. The failure of Abyss Dive Charters L.L.C. to exercise
or enforce any rights or provisions of these Terms and
Conditions shall not constitute a waiver of such right
or provision unless acknowledged and agreed to by Abyss
Dive Charters L.L.C. in writing. Any cause of action arising
out of or related to this service must commence within
six (6) months after the cause of action arose; otherwise,
such cause of action is permanently barred and parties
forever waive any such cause of action.
|