Disclaimer & Legal Rights
This website is provided “as is” without any representations or warranties, express or implied. Scuba-diving-smiles.com (SDS) makes no representations or warranties in relation to this website or the information and materials provided on this website. SDS does not warrant, guarantee, or make any representations regarding the use, or the results of the use, of the web site, products, services or written materials in the terms of correctness, accuracy, reliability, safety or otherwise. The entire risk as to the results and performance of the websites, products and services are assumed by you. If the website, products, services or written materials are defective, you, and not SDS, asssume the entire cost of all remedy.
This is the only warrant of any kind, either express or implied, that is made by SDS. Nor oral or written information or advice given by SDS shall create a warranty or in any way increase the scope of this warranty, and you many not rely on such information or advice to do do.
Without prejudice to the generality of the foregoing paragraph, Scuba-diving-smiles.com does not warrant that:
*this website will be constantly available, or available at all; or*the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. [If you require advice in relation to any [diving, legal, financial or medical] matter you should consult an appropriate professional.]
Our company's entire liability, and the purchaser's exclusive remedy, shall be a refund of the price paid or replacement of our product, at our option.
Some states do not allow the exclusion or limitation of liability so the above limitations may not apply to you.
Limitations of liability
Scuba-diving-smiles.com will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
*for any direct loss or injury;*for any indirect, special or consequential loss or injury; or*for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Scuba-diving-smiles.com has been expressly advised of the potential loss or injury.
Legal Forum, Choice of Laws & Official Language
This offering is a contract between you the buyer and our business, the seller. The seller is located in Rosendale, NY, USA and by doing business with us you agree that this offering is made from NY, USA and shall be governed by the laws of the State of NY and the USA. By electing to participate in this offer, you are entering into a contract.
This agreement shall be governed by and construed in accordance with the laws of the state of NY, without regard to its conflict of laws rules. Any legal action arising out of this agreement shall be litigated and enforced under the laws of the State of NY.
This agreement is being written in English, which is to be the official language of the contracts text and interpretation. If you do not agree with the above terms and conditions, you have the option to not participate in this offer.
This website and information products contains copyrighted material, trademarks, and other proprietary information. You many not modify, publish, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any Proprietary or other material.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
You accept that Scuba-diving-smiles.com has an interest in limiting the personal liability of any owners, officers and employees. You agree that you will not bring any claim personally against Scuba-diving-smiles.com owners, officers or employees in respect of any losses you suffer in connection with the website.
[Without prejudice to the foregoing paragraph,] you agree that the limitations of warranties and liability set out in this website disclaimer will protect Scuba-diving-smiles.com officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as SDS.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
Our company reserves all rights not expressly granted here.
Copyright 2010 Dianne Rein
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