Terms & Conditions
DiveSeekers.com
Terms and conditions
Please read the following terms and conditions of use carefully before using this website. All users of this site agree that access to and use of this site is subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of DiveSeekers. The collective work includes works that are licensed to DiveSeekers. Copyright 2008-2018, DiveSeekers ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with DiveSeekers or purchasing DiveSeekers products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by DiveSeekers. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of DiveSeekers used in the site are trademarks or registered trademarks of Diveseekers.
Website use Disclaimer
This site and the materials/information on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, DiveSeekers disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. DiveSeekers does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. DiveSeekers does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
DiveSeekers shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if DiveSeekers has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a DiveSeekers product is mistakenly listed at an incorrect price, DiveSeekers reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. DiveSeekers reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, DiveSeekers shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
Any offer made by DiveSeekers(Seller) to sell goods is subject to these terms and conditions unless expressly agreed to by the Seller in writing. These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by DiveSeekers without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Product Warranty
We are an independent authorized dealer for all the products we sell. All of the equipment purchased through us comes with full manufacturer’s warranty. Warranty information regarding any of our products and services is available by contacting us. Warranty service or support for products purchased from us can always be obtained from us and directly from the manufacturer. You will be responsible for shipping costs. Other authorized dealers might be unable, refuse or charge additional fees to provide service or support on products not purchased from that dealer.
Back Orders
We have a very large inventory at all times and while we make it a point to keep our inventory as complete as possible, at times we will be out of stock on items when they are ordered. Sometimes this is out of our control due to the Manufacturer being out of stock of the particular product. In an effort to maintain 100% customer satisfaction, if this happens, we will contact you with an estimated delivery time and confirm that you still wish to place your order.
Pricing
All prices are in U.S. dollars. Prices for shipment outside Pennsylvania do not include sales and use taxes. If assessed, these charges are the responsibility of the package recipient. Prices for shipment within Pennsylvania include the state sales tax.
Price Guarantee
If we publish a sale price on any identical item purchased from us in the previous 30 days, upon request we will refund the difference between the purchase price and the sale price. If you find a lower price on any identical item, including shipping and that dollar amount price is published on the internet by a current authorized stocking dealer located in the U.S., we will offer you the lower published price plus an additional discount of 5% off the lower price. Does not apply to discontinued or closeout items, manufacture discounts or rebates, fluctuating exchange rates, Diveseekers coupons or 3rd party coupons.
Pricing Disclaimer
All prices and specifications are subject to change without notice. A Web site of this size may contain incorrect pricing or other errors. We do our best to minimize such errors, and will always notify you if an error of this sort results in a change in the charge for your order. We reserve the right to accept or reject any order at our sole discretion. We reserve the right to limit quantities.
Payment Terms
All terms are COD, Cash, Check, Prepayment, Wire Transfer or credit card. DiveSeekers accepts PayPal, Master Card, VISA, Discover and American Express credit cards. Any Product sold at Wholesale Pricing will be subject to 3% surcharge if credit card is used. All orders to be paid in US Dollars. All returned checks are subject to $50 handling fee. Non-US bank checks subject to collection fee. All orders held until check has been cleared through the US bank.
Inventory
Our website is just an extension of our working dive shop. For this reason our website does not show stock information for our products. Items out of stock will be placed on backorder from the manufacture, and you will be notified. You may call or email before placing your order to verify stock on any item we carry.
Notice
DiveSeekers may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to DiveSeekers.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of Pennsylvania , U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site including but not limited to the purchase of DiveSeekers products shall be in the state or federal courts located in Philadelphia, Pennsylvania. Any cause of action or claim you may have with respect to the site including but not limited to the purchase of DiveSeekers products must be commenced within one 1 year after the claim or cause of action arises. DiveSeekers's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. DiveSeekers may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a DiveSeekers or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Force Majeure
DiveSeekers shall have no liability to the purchaser for any delay or failure in carrying out its obligations to the purchaser for reasons beyond the Seller's control, including, without limitation, acts of God, war, natural disaster, labor disputes, customs delay s, changes in compliance with laws, regulations or governmental policies and shortages of supplies or services. Seller may extend delivery until such delay has been removed or, at its option, cancel the undelivered portion of any order affected by such delays, without liability to the purchaser except for the return of any payment made by the purchaser to the Seller with respect to any undelivered portion of the order that has been canceled. All refunds are made by company check, and purchaser agrees that all disputes are handled directly with the company, and will not reverse or dispute charges with credit card issuers for refunds.
Participation Disclaimer
DiveSeekers does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, DiveSeekers is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, DiveSeekers reserves the right to block or remove communications or materials that it determines to be a) abusive, defamatory, or obscene, b) fraudulent, deceptive, or misleading, c) in violation of a copyright, trademark or; other intellectual property right of another or d) offensive or otherwise unacceptable to DiveSeekers in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless DiveSeekers, its officers, directors, employees, agents, licensors and suppliers collectively the "Service Providers" from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account including negligent or wrongful conduct by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, DiveSeekers may link to sites operated by third parties. However, even if the third party is affiliated with DiveSeekers, DiveSeekers has no control over these linked sites, all of which have separate privacy and data collection practices, independent of DiveSeekers. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, DiveSeekers seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well including if a specific link does not work.