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Terms of Service

We have designed our Come Dive With Me website (hereinafter "Site") to be an enjoyable and informative experience for all, so please carefully read our below terms and conditions regarding use of this Site. By using this Site you agree to comply with the following terms and conditions. If you cannot agree, please DO NOT visit our Site nor access any page thereof.

  1. Site Materials: The Site and its contents are protected by copyright, trademark, patent and other applicable laws and international treaties. All Site content, including but not limited to all design, information, artwork, graphics, text, video, images and the selection and arrangement thereof, the "CDWM" trademark, the "Come Dive With Me" trademark, related software, the technology of the "Come Dive With Me" and any and all other materials ("Content"), is the sole property of Robert Guichard (hereinafter "Guichard") and other third parties, as applicable. Except as permitted herein or with Guichard's written permission, you may not copy, redistribute, publish, retransmit, transfer, modify or create derivative works, or in any way commercially exploit, any content on the Site, in whole or in part. You are not authorized to change or delete author attribution, patent pending notices, trademark legends or copyright notices.
  2. Right to Change or Revise Terms and Conditions: We reserve the right to revise these terms and conditions at any time or in any manner, by updating this posting. Since you agree to comply with our terms and conditions when you use our Site, please visit this page from time to time to review the current terms and conditions. No modification of these Terms by you shall be valid or binding on us unless we agrees to it in writing.
  3. Privacy Promise: Information that you provide to us via the Site is subject to our Privacy Promise. For more information, please read our full Privacy Promise.
  4. Unsolicited Submissions: If you send any communications or materials to the Site by electronic mail or otherwise, including any comments, data, questions, suggestions or the like, all such communications are, and will be treated as, non-confidential and non-proprietary. Thus you give up claim that any use of such material violates any of your rights including moral rights, privacy rights, proprietary or other property rights, publicity rights, rights to credit for material or ideas, or any other right, including the right to approve the way we use such material. Any material submitted to this Site may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold and transmitted by us anywhere in the world, in any medium, forever. We are free to use, without compensation to you, any concepts, ideas, know-how or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing the Come Dive With Me or future CDWM's for other subject domains, products and services using such information. However, you agree and understand that we are not obligated to use any such ideas or materials and you have no right to compel such use.
  5. Disclaimer of Warranties: We make every effort to include accurate and up to date information on this Site. However, we make no warranties or representations as to its accuracy, completeness, legality, reliability, operability and availability. EVERYTHING ON THE SITE IS PROVIDED TO YOU "AS IS"—WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, RELIABILITY, OR AVAILABILITY. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. In addition, we will not be liable for any direct, incidental, consequential, indirect, or punitive damages, including damage to, or any viruses that may infect, your computer equipment or other property, on account of your use of the Site. You bear all risk associated with any content that you access through the Site.
  6. Limitation of Liability: YOUR USE OF THE SITE AND USE OF THE SERVICES AND CONTENT IS AT YOUR OWN RISK. NEITHER THE SITE, Come Dive With Me, GUICHARD NOR ANY OF THEIR RESPECTIVE AFFILIATES, OFFICERS, EMPLOYEES, OR AGENTS WILL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM LOST PROFITS OR COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE SITE, SERVICES OR CONTENT, WHETHER UNDER A THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE LIABILITY OF THE SITE, Come Dive With Me, GUICHARD OR ITS AFFILIATES, OFFICERS, EMPLOYEES, OR AGENTS UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE) EXCEED $10REGARDLESS OF WHETHER SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PROVISIONS IN THIS SECTION 6 MAY BE LIMITED BY PROVISIONS OF APPLICABLE LAW.
  7. Indemnity: By using this Site, you agree to indemnify the Site, Come Dive With Me, Guichard and its parents, subsidiaries, affiliates, directors, officers, employees and agents and hold them harmless from and against any and all claims, expenses, damages and losses arising out of or relating to your use of the Site and/or Services, violation of the these Terms and Conditions, or violation of the rights of any third party.
  8. Governing Law: The laws of the State of California, exclusive of the choice of law provisions, shall govern any claim relating to this Site or your use of this Site. You further agree that any legal action or proceeding concerning the Site or Services between you and the Site, Come Dive With Me, Guichard or its affiliates shall be brought exclusively in a federal or state court of competent jurisdiction located in the City and County of San Francisco, California.
  9. Notice and Procedure for Making Claims of Copyright Infringement: If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Site's Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, U.S.C. §51
    1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
    3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
    4. Information reasonably sufficient to permit us to contact the complaining party;
    5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    Our Copyright Agent for notice of claims of copyright infringement on or regarding this Site can be reached as follows:

    Attn: Copyright Agent Come Dive With Me P.O. Box 122 Kentfield, CA 94914 Phone: (415) 307-5512 Fax: (415) 661-2364
  10. Miscellaneous: If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, such provision shall be deemed stricken, and the remainder of the Terms and Conditions of Use shall continue in full force and effect. Any waiver by the Site of the performance or satisfaction of any provision hereof will not be considered to be a waiver of any other similar or dissimilar covenant or condition hereunder, nor will it be considered a continuing waiver of the same provision in the future. These Terms and Conditions of Use constitute the entire agreement between you and the Site with respect to the use of the Site and supersedes any and all prior and contemporaneous agreements and understandings between you and the Site with respect to your use of the Site.