Terms of Participation for Scuba Diving Resource Classified Ads
1. Buying and selling through Scuba Diving Resource is available only to individuals who can form legally binding contracts under applicable law. This excludes all minors (persons who have not reached their eighteenth birthday). In addition, minors may not place or respond to a personal advertisement.
2. Scuba Diving Resource reserves the right to modify the Terms of Participation at any time and without prior notice. We may change or end our or Your use of our service at any time.
3. Scuba Diving Resource is not involved in any transaction between any party who uses our site. There are risks which You assume when dealing with people who might be acting under false pretenses; all of these risks are borne by You. We are a venue only and do not screen or censor or otherwise control the listings offered to other Users, nor does Grand Times screen or censor or otherwise control the Users of its service. Grand Times cannot and does not control the behavior of the participants on this site. We cannot control whether or not Users of the Scuba Diving Resource classified ads service will complete the transactions they describe on our site. IT IS EXTREMELY IMPORTANT THAT YOU USE CARE THROUGHOUT YOUR DEALINGS WITH OTHER PEOPLE ON THIS SITE!
4. If there is a dispute between participants on this site, Scuba Diving Resource is under no obligation to become involved. In the event that You have a dispute with one or more Users, You hereby release, Scuba Diving Resource, their officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.
5. The Scuba Diving Resource Market Place (classified ads) service may be used only for lawful purposes. The violation of any applicable local, state, federal or foreign law or regulation is prohibited.
6. Scuba Diving Resource prohibits the transmission, distribution or posting of unwanted or offensive content. It is Your responsibility, and you agree to comply with all requirements, legal or other. Additional prohibitions include misleading offers that do not list the total purchase price or a “bait & switch” of products, advertisements listed in the incorrect category, the sale or distribution of firearms, weapons or controlled substances, make-money fast schemes, pyramid or chain letters, fraudulent or criminal offers including but not limited to registering another e-mail address other than Your own, any posting with the goal of harassment of another, sexual requests, racial slurs or comments, harassment, placing a fraudulent ad, unsolicited advertising (whether commercial or informational) and unsolicited e-mail or advertisements. Further, Scuba Diving Resource prohibits the transmission, distribution or posting of any matter which discloses personal or private information concerning any person or entity, including without limitation phone number(s) or addresses, credit debit cards, calling card, and User account numbers/ passwords or similar financial information. Even though all of this is strictly prohibited, there is a chance that You might become exposed to such items and You further waive Your right to any damages (Scuba Diving Resource) related to such exposure.
7. Scuba Diving Resource prohibits the listing or sale of the following goods for any reason, including but not limited to any item that is illegal to sell under any applicable law, statute, ordinance or regulation including the following:
- Food (other than packaged food meeting all applicable federal state and local standards for sale to consumers by commercial merchants)
- Alcoholic beverages (except if You are reselling an alcoholic beverage that was initially purchased from a retailer and it still in its original container and it is legal to deliver to the buyer and into the jurisdiction where the buyer is)
- Cigarettes or any other tobacco product for human consumption
- Pharmaceuticals or any other controlled substance
- Dangerous, counterfeit or stolen goods
- Goods which do not actually exist
- Any good that infringes or violates anyone’s rights
- Any item which in World’s Best Dives sole discretion is inflammatory, offensive or otherwise inconsistent with Grand Times standards of business ethics.
- Any messages, data, or images that might be considered by a reasonable person to be obscene or which contain racial, ethnic, religious slurs or derogatory epithets, or advocating violence, hate or other language that is deeply or widely offensive.
- MORE Information on Prohibited on Classified Ads
8. Scuba Diving Resource strongly opposes SPAM, which floods the Internet with unwanted and unsolicited e-mail. All forms of SPAM, and all activities that have the effect of facilitating SPAM, are strictly prohibited.
9. If Scuba Diving Resource, in its sole discretion, determines that a violation of the Terms of Participation has occurred, Scuba Diving Resource may pursue any of its legal remedies, including but not limited to the immediate deletion of any offending material from its site. Scuba Diving Resource could also pursue violators with claims that they have violated various criminal and/or civil laws as applied by the relevant jurisdiction. Scuba Diving Resource will cooperate with any investigation by any Federal, State, or local body or any court or tribunal legitimately exercising it’s rights. Such cooperation may be without notice to You. If Scuba Diving Resource believes in its sole discretion that any ad may create liability for Scuba Diving Resource, Scuba Diving Resource may take any actions that it believes are prudent or necessary to minimize or eliminate its potential liability. In sum, Scuba Diving Resource reserves the right to refuse service to anyone at any time, and to remove any listings or any advertisements for any reason, and without notice.
10. User understands and agrees that User is responsible for all applicable taxes and for all costs that are incurred in using the Scuba Diving Resource service. We may also, in our sole discretion, add or delete fees associated with the Service. If any charge is applicable, we will notify our Users in advance.
11. DISCLAIMER OF WARRANTIES. YOU AGREE THAT USE OF THE SERVICE IS AT USER’S SOLE RISK. THE SERVICE IS PROVIDED ON AN AS IS AND ON AN AS AVAILABLE BASIS. GRAND TIMES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
12. Scuba Diving Resource MAKES NO WARRANTY THAT THE SERVICE WILL MEET USER’S REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES GRAND TIMES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICE.
13. USER UNDERSTANDS AND AGREES THAT ANY INFORMATION OR MATERIAL AND/OR GOODS OR SERVICES OBTAINED THROUGH THE SERVICE IS DONE AT USER’S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM ANY TRANSACTION.
14. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM Scuba Diving Resource OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY.
15. LIMITATION OF LIABILITY. USER AGREES THAT Scuba Diving Resource SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE OR ARISING FROM ANY OTHER MATTER RELATING TO THE SERVICE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF GRAND TIMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER FURTHER AGREES THAT GRAND TIMES SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. USER AGREES THAT GRAND TIMES SHALL NOT BE RESPONSIBLE OR LIABLE TO USER, OR ANYONE, FOR THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY OF THE SERVICE. In sum, in no event shall Scuba Diving Resource be liable to You for any damages, losses, and causes of action arising out of your use of the Grand Times free classified ads service.
16. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
17. You give us a non-exclusive, worldwide, royalty-free, irrevocable, sublicenseable (through multiple tiers) right to exercise all copyright and publicity rights, in any existing or future media, known or unknown, over the material or User Data displayed in Your listings. For the purpose of this Agreement, “User Data” shall mean all information (if any) submitted by You, (the User) to Scuba Diving Resource. The User Data shall be deemed to be the property of Scuba Diving Resource. You shall take all reasonable efforts to ensure that it is accurate and complete and not misleading in any way.
18. No Resale or Unauthorized Commercial Use. You agree not to resell or assign Your rights or obligations under these Terms of Participation. You also agree not to make any unauthorized commercial use of the Service.
19. Others’ Information. You agree not to make use of anyone else’s Information other than as necessary to participate in the Scuba Diving Resource classified ads and to promptly complete any Scuba Diving Resource classified ads transactions in which You are involved.
20. No Agency. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Scuba Diving Resource and any User of the Service.
21. Notice. Any notice to You or to us shall be made by either e-mail. We may also give notice of changes to these Terms of Participation or other matters related to the Scuba Diving Resource classified ads by displaying notices to Users on the Service.
22. This Agreement is the complete and exclusive agreement between the parties with respect to the subject matter hereof, superseding any prior agreements and or communications regarding such subject matter. This Agreement may only be modified, or any rights under it waived, by a written document executed by both parties.
23. These Terms of Participation and the relationship between User and Scuba Diving Resource shall be governed by the laws of the State of California without regard to its conflict of law provisions. User and Scuba Diving Resource agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Scuba Diving Resource owner(s) residence.
24. The failure of Scuba Diving Resource to exercise or enforce any right or provision of these Terms of Participation shall not constitute a waiver of such right or provision. If any provision of these Terms of Participation is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Participation shall remain in full force and effect.
25. User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the these Terms of Participation must be filed within one (1) year after such claim or cause of action arose or be forever barred.
26. The section titles in these Terms of Participation are for convenience only and have no legal or contractual effect.
27. Please help us keep the Scuba Diving Resource site an enjoyable experience for all Users. If You observe material or behavior that may violate one of the Scuba Diving Resource terms of participation, please contact Scuba Diving Resource at [email protected]