Terms & Conditions

PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE USING THIS SITE.

Welcome to the USDIVEMART.com website (the “Site”), which is a website owned and operated by US Dive Mart, Inc. (“USDM”). By visiting or shopping at USDIVEMART.com, you accept these Terms and Conditions. If you do not agree to these Terms and Conditions, you have no right or license to access this Site and you should not do so.

Copyright: All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, and software, is the property of USDM or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of USDM and protected by United States and international copyright laws. All software used on this Site is the property of USDM or its software suppliers and protected by United States and international copyright laws. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this Site is strictly prohibited.

DISCLAIMERS AND LIMITATION OF LIABILITY: THIS SITE IS PROVIDED BY USDM ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, USDM DISCLAIMS, WITH REGARD TO THIS SITE OR ANY PRODUCT PURCHASED FROM THIS SITE, ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

WITHOUT LIMITING THE FOREGOING, USDM DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE CONTINUOUS OPERATION OF THIS SITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THIS SITE WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE; OR (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THIS SITE.

UNDER NO CIRCUMSTANCES SHALL USDM BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THIS SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, OR DESTRUCTION. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THIS SITE.

USDM WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THIS SITE OR THE PURCHASE OF ANY PRODUCT THEREFROM.

Scuba Diving is an inherently dangerous activity. Even if you do everything right some risks are involved. PROFESSIONAL TRAINING AND CERTIFICATION FROM A RECOGNIZED CERTIFICATION AGENCY IN THE TECHNIQUE OF SCUBA DIVING MUST BE SUCCESSFULLY CARRIED OUT BEFORE USE OF products FEATURED ON THIS SITE. USE OF SCUBA EQUIPMENT BY UNCERTIFIED OR UNTRAINED PERSONS IS DANGEROUS AND CAN RESULT IN SERIOUS INJURY OR DEATH. Any products purchased from USDM or this Site is done so on the understanding that you are fully trained in the use of scuba equipment and hold the relevant qualifications. Always follow manufacturer’s recommendations as to maintenance of the scuba equipment and dive well within your abilities. Prior to the use of any products purchased from USDM or this Site, you should determine the safety, suitability and fitness of the product for its intended use.

In addition, by making a purchase via this Site, you acknowledge that UNDER NO CIRCUMSTANCES SHALL USDM BE LIABLE FOR ANY DAMAGES, including, without limitation, injury or death, THAT RESULT FROM THE USE, MISUSE OR INABILITY TO USE, or the failure, malfunction or warrantable issue of, any products purchased from this Site. All products purchased are covered by the manufacturers warranty. Please contact the manufacturer if you need service or support. USDM will provide you assistance in contacting the manufacturer upon request.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

PRICING and Payment: Except where noted otherwise, all prices contained for products on this Site represents the price in United States Dollars and may or may not represent the prevailing price in every area on any particular day. USDM cannot confirm the price of an item until ordered. All orders must be prepaid by credit card, check or wire transfer.

Refund Policy: All sales are final. In order to provide our low prices and great service, USDM does not accept any product returns for refunds, exchange or credit for any reason. Please make sure you want what you are ordering before you place your order.

Taxes: USDM does not collect sales tax on orders shipped outside the State of Texas. USDM is required to collect sales tax on ALL orders shipped or delivered within the State of Texas, unless USDM has a valid Texas Sales Tax Exemption Certificate from you on file prior to shipment. USDM may be required to collect sales tax on direct or drop shipments from its suppliers to some states.

EXPORT: Most of USDM’s products are only available for sale and use in the United States. For this reason, USDM only sells products for delivery and use in the United States and USDM reserves the right not to sell products to anyone it believes may be reselling or exporting any of USDM’s products.

RISK OF LOSS: All products are shipped FOB origin and are not insured unless requested and paid for by you. USDM is not responsible for loss or damage of any orders while in transit. Please ask about shipping insurance on your order prior to ordering. Shipping and handling charges will be added to all orders, unless otherwise stated in USDM’s promotion. Free shipping offers may not apply to all prices or discounts. Call USDM for free shipping details prior to ordering.

APPLICABLE LAW: By visiting this Site, you agree that the laws of the State of Texas, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between USDM and you. Any dispute relating in any way to your visit to this Site or to products you purchase through this Site shall be brought in Dallas County, Texas,

Modifications and Severability: USDM reserves the right to modify this Site, its policies, and these Terms and Conditions at any time. If any of the terms or conditions contained herein shall be deemed invalid, void, or for any reason unenforceable, such term or condition shall be deemed severable and shall not affect the validity and enforceability of any of the remaining terms and conditions.