Terms & Conditions - The Diving Center

We rely on the information provided by you through the The Diving Center website including all registration, contact and personal information. This information must be true as you will be solely responsible and liable for any and all loss, damage and additional costs that anyone may incur as a result of your submission of any false or incorrect information.

The Diving Center is owned, operated and made available by The Diving Center.

1. Application of these conditions of use

By accessing or using any part of The Diving Center you agree to be bound by the following conditions of use. If you do not wish to be bound by these conditions, you may not access or use The Diving Center.

We may change these conditions at any time without any notice to you. By your continued access and use of The Diving Center you agree to be bound by the most current version of the conditions of use. Please check these conditions periodically for any changes that have been made.

2. Copyright and database right

Except where otherwise noted, The Diving Center owns legally and beneficially all the intellectual property rights in the content of all the The Diving Center web pages (including the design, text, graphics and arrangement thereof) and in the software used therein. Such intellectual property rights include, without limitation, copyrights and database rights in the information displayed as The Diving Center Search results which are extracted from a compilation owned by The Diving Center. © The Diving Center. 2003.

3. Trademarks

Product names and company names or logos cited anywhere on The Diving Center are the property of their respective owners.

4. Permitted uses

Save as provided below, no materials from The Diving Center may be copied, downloaded, reproduced, broadcast, shown or played in public, republished, uploaded, posted, stored, transmitted or distributed in any way or adapted or changed in any way.

The Diving Center takes active measures to ensure that no unauthorised use or breach of its intellectual property rights is committed.

Subject to applicable third party content providers’ licences, you are allowed to access the The Diving Center database, to make a copy of the results of any searches made in that database, and to use those results PROVIDED that none of such access, copying and use falls into, is preparatory to or enables any of the categories of prohibited conduct referred to below, and provided that none of such access, copying and use is for the purpose of and in the course of any business. For the avoidance of doubt, and without prejudice to the below mentioned prohibited conduct, such access, copying and use is permitted even for a business if such conduct is merely incidental to the business.

For the avoidance of doubt and without limitation, you are expressly prohibited from:

modifying the data or other material from The Diving Center (“the Data”) or merging the Data with any other data;
selling or trading in materials copied from the Data;
using or redistributing the Data for the purposes of compiling databases, lists or directories, other than as and to the extent necessary to use the Data for a use not prohibited by this paragraph 4 providing commercial information, redistributing or reproduction of the same by the press or media or through any commercial network, cable or satellite system;
issuing questionnaires, reply cards or similar for the purpose of data capture or verification;
permitting or allowing the Data to infringe or otherwise prejudice our proprietary rights;
using the Data;
For any unlawful purpose or purpose that is likely to bring any part of The Diving Center into disrepute or to cause any part of The Diving Center embarrassment.
To send any message or communication which is offensive, abusive, indecent, obscene or menacing.
In any way that would be reasonably expected to cause annoyance, inconvenience or needless anxiety;
As source targeting material or contact data for any kind of telemarketing, direct marketing, viral or other electronic marketing activity on your own behalf or on behalf or for the benefit of another party.

5. No licence

Except as expressly provided, nothing contained in these conditions or anywhere on The Diving Center shall be construed as conferring any licence under any third party’s intellectual property rights.

6. Disclaimer of representations and warranties

The Diving Center is provided by The Diving Center on an “as is” and “as and when available” basis to users. You use The Diving Center at your own risk.

The Diving Center and its associated content provider organisations make considerable efforts to make information made available via The Diving Center as accurate as possible but no warranty or fitness is implied.

Neither The Diving Center nor any of its officers, directors, shareholders, employees, affiliates, agents, third party content providers, sponsors, licensers, or the like, makes any representation or warranty or condition, either express or implied, to you:

that The Diving Center will be uninterrupted or error-free;
that The Diving Center or the computer server from which The Diving Center is made available, are free of viruses or other harmful components;

to the accuracy, content, timeliness, completeness, legality, reliability, quality or suitability of any information, advice, content, service, search results, products or merchandise provided through The Diving Center.

The Diving Center makes and you receive, no representations, warranties or conditions, express or implied, statutory or otherwise with respect to:

The Diving Center, its content, merchandise, services, documents, information, items or materials provided by The Diving Center in connection with the use of The Diving Center; or any goods or services or information received through or advertised on The Diving Center or received through links provided on The Diving Center;

including without limitation no representations, warranties or conditions of merchantability, suitability, fitness for a particular purpose, non-infringement of proprietary rights or otherwise.

No oral advice or written information given by The Diving Center or its affiliates, or any of its officers, directors, employees, agents, providers, merchants, sponsors, licensers, or the like, will create a representation, a warranty or condition nor should you rely on any such information or advice.

In jurisdictions that do not allow the exclusion or disclaimer of certain warranties, the above exclusion may not apply to you.

7. Provision of advice

The Diving Center is not an agent for and does not vouch for those persons, companies and other organisations whose goods or services may be displayed or referred to in The Diving Center, nor for the availability, suitability or prices of such goods and services nor for the legal entitlement, competences, professional qualifications, trade certifications, or memberships of trade associations of such persons, companies or other organisations.

The Diving Center advises users to satisfy themselves as to the exact type and nature of goods or services being offered or qualifications held by those persons, companies and other organisations whose goods or services may be displayed or referred to in The Diving Center.

The Diving Center may make available certain information provided by third parties. The Diving Center recommends that before you use any such information with respect to any issues or questions that you may have relating to medicine, law, accounting or any other profession you seek advice from a qualified professional.

8. Limitation of liability

Neither The Diving Center nor its associated content provider organisations seek to limit or exclude liability for death or personal injury arising from their negligence.

Under no circumstances will The Diving Center or any of its officers, directors, shareholders, employees, affiliates, agents, sponsors, licensers, or any other party involved in the creation, production, maintenance or distribution of The Diving Center be liable for any direct, indirect, incidental, special or consequential damages (including but not limited to loss of profits, business, anticipated savings, goodwill, use of data or other intangible losses) that result from either:

the use and reliance on The Diving Center; or
the inability to use The Diving Center; or

mistakes, omissions, interruptions, suspension, termination, deletion of files or e-mail, errors, defects, viruses, delays in operation, transmission or service response time, or any failure of performance with respect to The Diving Center including without limitation those arising from acts of God, communications failure, theft, destruction or unauthorised access to Yell’s records, programs or services; or

merchandise, products or services received through or advertised on The Diving Center and merchandise, products or services received through or advertised on any links provided on The Diving Center;

information or advice received through or advertised on The Diving Center and information or advice received through or advertised on any links provided on The Diving Center; or

any information, data, text, messages and other materials that you email, post upload, reproduce, transmit or is otherwise distributed using The Diving Center.

The Diving Center is unable to ensure or guarantee the security of any information transmitted over the Internet. Any information or data which you transmit to or by using The Diving Center is done at your own risk and The Diving Center shall not be responsible or liable for any damages or injury that may result from transmitting such information.

If any jurisdiction does not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law.

9. Miscellaneous

These conditions and any and all documents specifically referenced herein constitute the entire agreement between you and The Diving Center with respect to the subject matter hereof. If any provision contained in these conditions is determined by a court of competent jurisdiction to be illegal, invalid or otherwise unenforceable, that provision shall be severed from these conditions and the remaining provisions shall continue in full force and effect.

10. Jurisdiction and governing law

These conditions shall be governed by and construed in accordance with the laws of Canada. The Diving Center controls The Diving Center from within the country of Canada. It can, however, be accessed from other places around the world. Although these places may have different laws from those of Canada, by accessing The Diving Center you agree that the laws of Canada, without regard to rules relating to conflict of laws, will apply to all matters relating to your use of The Diving Center. You and The Diving Center also agree to submit to the non-exclusive jurisdiction of the Canadian courts, with respect to such matters. Users of The Diving Center accessing it from places outside of Canada acknowledge that they do so voluntarily and are responsible for complying with local laws.

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