AbyssDiveCharters.com is Michigan's Best SCUBA Charter Operaters
AbyssDiveCharters.com Legal Policy

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.

 
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