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Terms of Use

WEBSITE TERMS, CONDITIONS AND NOTICES

This website is offered to the user ("User") conditioned on acceptance of the following terms, conditions, and notices (the "Agreement") without modification. If you do not agree with the following terms, conditions and notices, do not access, browse or use this website. By accessing and using this website, the User is deemed to have agreed to all terms, conditions, and notices as follows:

MODIFICATION

Laguna Sea Dwellers reserves the right to change or modify this Agreement at any time by revising the terms and conditions herein. User is responsible for regularly reviewing this Agreement. Continued use of this Website following such changes shall constitute User´s acceptance of such changes.

USE OF LAGUNA SEA DWELLERS WEBSITE

Laguna Sea Dwellers grants you a limited license to make personal use only of the website. Such grant does not include, without limitation: (a) any commercial use of the website or its contents; (b) the collection and use of any of the information contained in the website; (c) making derivative uses of the website and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods for any other purposes that web indexing.

You may not use any Laguna Sea Dwellers logo or other proprietary information (including the images found on this website, the content of any text or the layout/design of any page or form contained on a page) without Laguna Sea Dwellers´s written consent.

Any unauthorized use of this website will terminate the permission or license granted by these terms and may violate applicable law including copyright laws, trademark laws, and communications regulations and statutes. All violators may be prosecuted to the fullest extent of the law.

THIS WEBSITE AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. USER EXPRESSLY AGREES THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT USER’S SOLE RISK.

LAGUNA SEA DWELLERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, SERVICES AND PRODUCTS ON THE WEBSITE. LAGUNA SEA DWELLERS DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. LAGUNA SEA DWELLERS IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS. WHILE LAGUNA SEA DWELLERS ATTEMPTS TO ASSURE YOUR ACCESS AND USE OF THE WEBSITE IS SAFE, LAGUNA SEA DWELLERS DOES NOT REPRESENT OR WARRANT THAT THIS SITE IS FREE OF VIRUSES OR OTHER HARM.

IN NO EVENT SHALL LAGUNA SEA DWELLERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL. DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DEATH, DIVE ACCIDENT, DIVE RELATED INJURY, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE OR THE INFORMATION IT CONTAINS..

THIRD-PARTY CONTENT

Hyperlinks or pointers to websites of third parties may be used and are provided as a convenience and for informational purposes only. Laguna Sea Dwellers is not responsible for the content of the third-party site, links provided therein, and User's use of said site. User assumes full risk and responsibility when accessing third-party sites from the Laguna Sea Dwellers' website. Laguna Sea Dwellers reserves the right to terminate a link to a third-party website at anytime and without notice to User. Use of a link to a third-party site does not constitute an endorsement, sponsorship, or affiliation with said third-party or its clients.

THIRD-PARTY LINKS

A link from a third-party website to the Laguna Sea Dwellers website does not constitute an endorsement or affiliation by Laguna Sea Dwellers with that site or that third-party. Laguna Sea Dwellers does not take responsibility for which third- parties' link to this website or the matter in which they do so. Third parties are prohibited from replicating content and images from this website without specific consent from Laguna Sea Dwellers. Third parties should not imply or represent that Laguna Sea Dwellers endorses their site, content, and/or product. Third parties are granted a limited, non-exclusive right to create a hyperlink to this website provided such link does not portray Laguna Sea Dwellers or any of its members and services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked at any time.

INDEMNITY

As a condition of use of this Website, the User agrees to indemnify Laguna Sea Dwellers and its members from and against any and all liabilities, expenses, including but not limited to, reasonable attorneys’ fees, and damages arising out of claims resulting from User's use of this website, and including without limitation any claims alleging facts that if true would constitute a breach of this Agreement.

USER PROVIDED CONTENT

Content and/or information provided by User to Laguna Sea Dwellers through this website is considered non-confidential and non-proprietary. Laguna Sea Dwellers reserves the right to edit, change, and remove User-provided content. User is not authorized to post content that in Laguna Sea Dwellers’s sole determination is unlawful, threatening, libelous, defamatory, obscene, or pornographic.

COPYRIGHT

All contents of this Website are the property of Laguna Sea Dwellers, Newport Beach, California, U.S.A. All rights reserved worldwide.

All copyrighted and copyrightable materials ("Materials") on this Site are protected. None of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Laguna Sea Dwellers.

APPLICABLE LAW AND VENUE

These terms and conditions shall be governed by and construed in accordance with the laws of the State of California, applicable to agreements made and entirely to be performed within the State of California, without regard to conflict of law rules. User agrees that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in state or federal court located in Orange County, California, and User hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.

TERMINATION

Notwithstanding any of these terms and conditions, Laguna Sea Dwellers reserves the right, without notice and in its sole discretion, to terminate User’s license to use the Site, and to block or prevent future access to and use of the Site.

SEVERABILITY

If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.