Legal Notice and Disclaimer

By using diveh2o.com, you agree to the following terms and conditions.  Please read them carefully.

diveh2o.com has endeavored to provide interesting photos of underwater creatures and scenes. However, diveh2o.com’s presentation of this information does not constitute a representation, promise, or guarantee that the depicted underwater information and related information will be as they appear nor as they are described herein. diveh2o.com cannot and will not be held responsible for any errors, omissions, or changes in the information contained herein. In no event shall diveh2o.com be held liable or legally accountable for the contents of information stored in or transmitted from this site, nor for any events occurring or caused by your reliance on or use of information stored in or transmitted from this site. The entire risk of acting on information obtained from this site, including the risk of any and all property losses, personal injuries or deaths, detriments, economic losses, costs and damages of any kind are risks that are borne by those who choose to act on such information and not by diveh2o.com.

There is always a risk that natural or human events may cause the diving sites, access routes, and other oceanic, aquatic, terrestrial, and other conditions to change from the conditions depicted and described herein. Users of diveh2o.com are encouraged to call locally knowledgeable persons at contemplated diving sites before any trip in order to determine the extent of any changes in these conditions. It is prudent to purchase short-term travel, cancellation and accident insurance. You should discuss insurance with your insurance and travel agents.

diveh2o.com intends to update and improve the information contained in this site to reflect verified changes. It also invites comments and updates directed at improving the accuracy and quality of the information it provides, though it shall only be obligated to incorporate said comments and updates at its sole discretion and on its own timeline. diveh2o.com shall not be liable for any inaccuracies, delays or failures to update or improve the information contained in this site, nor for any property losses, personal injuries or deaths, detriments, economic losses, costs or damages of any kind that may occur as a result of any such inaccuracies, delays, or failures to update or improve the information contained in this site.  diveh2o.com, and will not notify users when information has been updated other than by the presentation of the updated information. All information on this site is subject to change without notice.

Linked web page(s) not in this domain are not under the control of diveh2o.com. diveh2o.com is not responsible for the contents of those web pages or any link(s) contained on those web pages, or any changes or updates to those web pages. diveh2o.com provides such links solely as a convenience, and the inclusion of any such link is not an endorsement by, nor implies endorsement by, diveh2o.com.

Visitors to diveh2o.com may post reviews, comments, photos, videos, and other content, and submit suggestions, ideas, comments, questions, or other information to diveh2o.com (hereinafter, “content”), so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights (including rights of publicity), or otherwise injurious to third parties or objectionable.

diveh2o.com. reserves the right (but not the obligation) to remove or edit content, or to reject any content deemed inappropriate for any reason, but does not regularly review posted content.

If you post or submit content, unless diveh2o.com indicates otherwise, you grant diveh2o.com a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display the content throughout the world in any media.  You represent and warrant that you own or otherwise control all of the rights to the content you post or submit, that the content is accurate, that use of the content you post or submit does not violate this policy and will not cause injury to any person or entity, and that you will indemnify diveh2o.com for any and all claims resulting from the content.  diveh2o.com has the right but not the obligation to monitor and edit or remove any content.  diveh2o.com takes no responsibility and assumes no liability for any content posted by you or any third party.

The statements and opinions expressed in any reviews, comments, photos, videos, or other content posted or submitted by you or others are those of the authors and do not necessarily reflect the opinions of diveh2o.com. diveh2o.com is not and cannot be responsible for content posted by or submitted by you or others, nor for the claims or promises of any resources listed anywhere on diveh2o.com, and will not be liable for any damages — whether direct, indirect, special, general, consequential, for alleged lost profits, or otherwise — that might result from any use of or reliance on such materials.

ALL INFORMATION, CONTENT, MATERIALS, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.  DIVEH2O .COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENT, MATERIALS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING.  YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND THE INFORMATION INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT POSSIBLE BY APPLICABLE LAW, DIVEH2O.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED.  DIVEH2O.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

By using diveh2o.com, you agree to defend, indemnify and hold harmless diveh2o.com, its affiliates and its respective directors, officers, employees and agents from and against all claims and expenses, including but not limited to attorneys’ fees and costs, arising out of the use by you of diveh2o.com and any information incurred on or related to diveh2o.com.

By using diveh2o.com, you agree that the laws of the State of California, without regard to principles of conflicts of laws, will govern the terms and conditions set forth herein, as well as any dispute of any sort that might arise between you and diveh2o.com.  You further agree to submit all disputes arising out of or in connection with these terms and conditions or your use of diveh2o.com, or any other dispute of any sort that might arise between you and diveh2o.com, to the exclusive jurisdiction of the federal and state courts of the State of California.

Copyright Notice & Copyright Complaints

All text and photographs on this web site are copyrighted by diveh2o.com unless otherwise noted. The non-commercial viewing of information on the diveh2o.com web site is free. However, no commercial use of this information (text or photographs) is allowed, nor can such be reproduced, redistributed, retransmitted, mirrored or otherwise disseminated without prior written approval of diveh2o.com. Any non-commercial use of this information (text or photographs) must be accompanied by an appropriate credit to diveh2o.com. per item displayed.

diveh2o.com respects the intellectual property rights of others.  If you believe that your work has been copied in a way that constitutes copyright infringement, please submit the following information to diveh2o.com’s Copyright Agent at [email protected]:

• A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest.
• A description of the copyrighted work that you claim has been infringed;
• A description of where the material claimed to be infringing is located on diveh2o.com, including the URL;
• Your name, address, telephone number, and email address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

diveh2o.com’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:

Copyright Agent
diveh2o.com
503-610-0962
[email protected]

We will respond as quickly as possible to legitimate uses of the above procedure.  However, the above procedure is to be used exclusively for notifying diveh2o.com of claims of copyright infringement on diveh2o.com.  Any other uses of the above procedure may be disregarded.