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 Malibu Divers. 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. Malibu Divers aggressively enforces its intellectual property rights to the fullest extent of the law. The names and logos of Malibu Divers, 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 Malibu Divers. Malibu Divers prohibits use of any logo of Malibu Divers 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 Malibu Divers in writing. Fair use of Malibu Divers’ 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 Malibu Divers. Such links are provided for your reference only. Malibu Divers does not monitor or control outside Websites and is not responsible for their content. Malibu Divers’ 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 Malibu Divers’ inclusion of the links imply that Malibu Divers 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 Malibu Divers determines in its discretion. You should not assume that the information contained on this Website has been updated or otherwise contains current information. Malibu Divers 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 Malibu Divers ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, Malibu Divers 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. Malibu Divers SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Malibu Divers 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 Malibu Divers 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 Malibu Divers’ LIABILITY FOR ANY DAMAGE CLAIM EXCEED THE AMOUNT PAID BY YOU TO Malibu Divers 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, Malibu Divers 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, Malibu Divers DISCLAIMS ANY LIABILITY AS TO THE ACCURACY OR COMPLETENESS OF EACH ITEM DESCRIPTION.
Malibu Divers 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 Malibu Divers 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 Malibu Divers of the material contained therein. The opinions contained in any such article are not necessarily the opinion of Malibu Divers.
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
Please refer to our Returns and Refunds Policy for information regarding the return of products you may purchase. Our Refunds Policy is incorporated into this Agreement by reference.
Please refer to our Shipping Policy for information regarding the shipment of products you may purchase to you. Our Shipping Policy is incorporated into this Agreement by reference.
Contacting Us/Feedback, Postings and Communications
If you have any questions about this Agreement or the Website, please contact us.
Although Malibu Divers 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), Malibu Divers 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 Malibu Divers 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 Malibu Divers. Such disclosure, submission or offer of any Communication shall constitute an assignment to Malibu Divers of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Communication. Accordingly, Malibu Divers 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.Malibu Divers 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 Malibu Divers 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 Malibu Divers 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 Malibu Divers' products or services, or for such other purpose(s) as Malibu Divers deems appropriate.
You agree that the laws of the State of California, 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 Malibu, California, 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. Malibu Divers 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 San Diego, California, 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 Malibu Divers 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 Malibu Divers as a result of this Agreement or your use of this Website.
Malibu Divers’ performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Malibu Divers’ right to comply with law enforcement requests or requirements relating to your use of this Website or information provided to or gathered by Malibu Divers with respect to such use.
This Agreement constitutes the entire agreement between you and Malibu Divers with respect to this Website. This Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Malibu Divers with respect to this Website. No modification of this Agreement shall be effective unless it is authored by Malibu Divers or its affiliates, or unless it is physically signed by a Malibu Divers 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 Malibu Divers 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 Malibu Divers in printed form.