Absent prior to written permission from an officer of ISLADIVERS, LLC (“ISLADIVERS”), you may not copy, distribute, republish, upload, post, or transmit information contained in this Website (“Information”) in any manner. Provided, however, you may download one copy of the Information onto one computer for your personal, non-commercial use only, provided you do not change the Information in any manner and further provide that you do not delete or change any copyright, trademark, or other proprietary notice contained in the Information.
This limited license allows you to use the Information only for lawful uses in accordance with the foregoing and does not allow you to sell the Information, use the Information for commercial use, use any type of data mining, robots, or similar data gathering or extraction methods on this Website. Any Information downloaded by you from this Website is merely licensed to you by ISLADIVERS. This license does not transfer to you any intellectual property rights in the Information under any patent, copyright, or any purpose, other than as specifically authorized herein, violates ISLADIVERS’s intellectual property rights. Absent prior written consent from an officer of ISLADIVERS, you may not copy or imitate any elements of this Website, including, but not limited to, graphics, digital images, logos, sounds, images, icons, and buttons protected by trade dress and other laws. You may not resell, reverse engineer, disassemble, decompile, or otherwise modify any software contained within the Information. Absent prior written consent from an officer of ISLADIVERS, you may not use framing, metatag, or hidden text techniques in association with any ISLADIVERS trademark, logo, or other copyrighted or proprietary information.
ISLADIVERS will prosecute all violations of ISLADIVERS’s proprietary rights and of any other violation of this Agreement to the fullest extent permissible under applicable state, federal, and/or international law.
2. Restricted Rights
ISLADIVERS grants you only RESTRICTED RIGHTS regarding use of the Information and Website. Use, duplication, or disclosure by the U.S. Government is subject to the restrictions set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or subparagraphs (c)(1) and (2) if the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. The contractor/manufacturer is ISLADIVERS, LLC, 7612 Waring Ave, Orlando, FL 32812.
3. Transmissions
You acknowledge that transmissions by you to or from this Website (“Transmissions”) are non-confidential, and that others may read and/or intercept such Transmissions. ISLADIVERS has the right, but not the obligation, in its sole discretion to review any Transmissions transmitted using this website or ISLADIVERS’s server and to edit or delete any Transmissions that violate any term of this Agreement. You hereby consent to ISLADIVERS’s collection and use of such Transmissions in accordance with ISLADIVERS’s then current Privacy Policy and acknowledge that submitting Transmissions to this Website creates no confidential or fiduciary relationship between you and ISLADIVERS. By using this Website, you thereby assign all right, title, and interest, including the copyright therein, in all Transmissions to ISLADIVERS. Accordingly, ISLADIVERS shall own all intellectual property rights in the Transmission and shall be entitled to the unrestricted use of the Transmission for any purpose, commercial or otherwise, without acknowledgment, compensation, or liability to you. By submitting such Transmissions to this Website, you irrevocably waive all “moral rights” in such Transmissions.
4. Indemnification
You agree to defend, indemnify, and hold ISLADIVERS, its parents, subsidiaries, affiliates, officers, and employees, its suppliers and their respective affiliates and agents, harmless from all claims, liabilities, damages, and expenses (including attorney’s fees and expenses) arising out of or relating to your use of this Website, including, but not limited to: (1) your submission to this Website of any Transmission; (2) your alleged breach of this Agreement; or (3) your infringement of any intellectual property or other right of any person or entity.
5. Limitation of Liability
IN NO EVENT SHALL ISLADIVERS, IT’S PARENTS, AFFILIATES, VENDORS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM YOUR USE OR INABLITY TO USE THIS WEBSITE; OR FOR THE LOSS OF PROFITS OR DAMAGES THAT MAY RESULT FROM THEFT, DELAYS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, VIRUSES, FAILURE OF PERFORMANCE, DESTRUCTION OR UNAUTHORIZED ACCESS TO ISLADIVERS’S RECORDS; OR FOR THE COST OF OBTAINING SUBSTITUE GOODS AND SERVICES; OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES WHETHER IN AN ACTION IN CONTRCT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE); OR OTHERWISE EVEN IF ISLADIVERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES OR EXCLUSION OR LIMITATION OF LIABLITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH CASES, THE ABOVE LIMITSTION OF LIABILITY MAY NOT APPLY TO YOU TO THE EXTENT THAT ISLADIVERS’S TOTAL LIABILITY TO YOU FOR ALL LOSSED, DAMAGES, AND CAUSES OF ACTION SHALL NOT BE GREATER THAN THE TOTALITY OF PAYMENTS MADE BY YOU TO ISLADIVERS IN EXCHANGE FOR ALLOWING YOU ACCESS TO THIS WEBSITE.
6. DISCLAIMER
YOU ACKNOWLEDE THAT THIS WEBSITE AND THE INFORMATION HEREIN ARE PROVIDED ON AN “AS IS, WHERE IS” BASIS AND THAT ISLADIVERS MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THIS WEBSITE OR THE INFORMATION. ISLADIVERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BY USING OR ATTEMPTING TO USE THIS WEBSITE, YOU EXPRESSLY ACKNOWLEDGE: (1) THE INFORMATION COULD INCLUDE THECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS; (2) ISLADIVERS DOES NOT REPRESENT OR WARRANT THE TIMELINESS, RELIABILTY, COMPLETENESS, OR ACCURACY OF THE INFORMATION; AND (3) ISLADIVERS DOES NOT REPRESENT OR WARRANT THAT THIS WESITE OR ITS SERVER(S) ARE FREE FROM ERRORS OR VIRUSES OR OTHER POTENTIALLY DAMAGING CONTENT.
ISLADIVERS MAY PERIODICALLY CHANGE THE INFORMATION. ISLADIVERS RESERVES THE RIGHT TO IMPLEMENT SUCH CHANGES AT ANY TIME WITHOUT NOTICE TO YOU. UNLESS SPECIFICALLY INDICATED IN WRITING TO THE CONTRARY, NO REFERENCE IN THIS WEBSITE TO ANY PRODUCTS, SERVICES, PROCESSES, OR OTHER INFORMATION, BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER, OR OTHERWISE, SHALL CONSTITUTE OR IMPLY ISLADIVERS’S ENDORSEMENT OR SPOSORSHIP THEREOF.
7. Links to Third-Party Sites
This Website includes hypertext links to other websites that ISLADIVERS has no control over and makes no representations of any kind regarding the content on such websites or the content on any website linked to such websites or any changes or modifications made thereto. You hereby acknowledge that buying and such hypertext links, you thereby irrevocably waive any and all claims against ISLADIVERS regarding such websites and must adhere to the usage and privacy policies governing such sites. Note that this Website’s use of hypertext links to other websites does not imply ISLADIVERS’s sponsorship or endorsement if any such websites.
Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”), ISLADIVERS has designated an agent to the U.S. Copyright Office to receive notifications of claimed copyright infringement relating to this Website. You must submit all such notifications relating to this Website in a manner consistent with the DMCA to the following agent:
All trademarks used on this Website are the property of their respective owners and may not be used without permission there from. Whether or not specifically designated as such ISLADIVERS, ISLADIVERS LLC and all other colors, graphics, logos, sounds, images, icons, and buttons, displayed in this Website (“Marks”) are trademarks of ISLADIVERS and/or its affiliates. Absent prior written consent from on officer of ISLADIVERS, you may not copy, imitate, or use any portion of the Marks.
11. Impermissible Activity
You must not use this Website of the ISLADIVERS server to transmit any data which: (1) is unlawful, threatening, or abusive; (2) encourages criminal or other activity that would reasonably give rise to civil liability or otherwise violate any local, state, federal, or international law; (3) is vulgar, profane, obscene, or offensive; (4) is pornographic, sexually explicit, or indecent; (5) contains false or misleading information; (6) inhibits another user from use or enjoyment of this Website; (7) is defamatory or libelous; (8) contains a virus or surreptitious code; or (9) contains any type of commercial component or advertising.
12. Data Collection and Use
Your Transmissions are subject to ISLADIVERS’s Privacy Policy (Insert Hypertext). By using this Website, you agree to review the Privacy Policy and be bound by its terms and conditions. From time to time, ISLADIVERS may change its Privacy Policy without notice to you. Your continued use of this Website, after the posting of any changes, shall constitute your agreement with and acceptance of such changes.
ISLADIVERS does not knowingly collect data directly from anyone under the age of 13 years of age. If you believe ISLADIVERS has inadvertently collected any such data, please contact out website administrator at webmaster@isladivers.net for information regarding removal of any such data from our files.
13. Monitoring the Site
You acknowledge that you are solely responsible for all of your activities in relationship to this Website, including the contents of all Transmissions and the consequences thereof. You agree to indemnify, defend, and hold ISLADIVERS harmless for any liability arising from your use of this Website. While ISLADIVERS respects your privacy, you hereby acknowledge that this Agreement creates no reasonable expectation of privacy in any Transmissions. ISLADIVERS may, but is under no obligation to, use blocking and/or filtering software and other monitoring devices to prevent the dissemination of unsolicited electronic communications (spam). You may not use this Website in association with such spam, any computer viruses, or any other potentially damaging computer code. ISLADIVERS will prosecute Violations of this provision to the fullest extent allowed by law and reserves the right to take additional action regarding any such activity or conduct. Such additional action may include recovery of costs and expenses associated with identifying offenders and preventing their access to this Website as well as lost profits, damages, court costs, and attorney fees associated with repairing any damaged software or hardware. Notwithstanding any provisions of the Privacy Policy, ISLADIVERS reserves the right to report any Transmissions it believes violate any law or regulation to appropriate law enforcement officials, regulators, or other third parties and to assist such parties in their investigations.
14. Governing Law
This is the entire agreement between you and ISLADIVERS relating to you use of this Website. The laws of the State of Florida, United States of America, shall govern this Agreement and the Privacy Policy, notwithstanding and principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to the Agreement or the Privacy Policy shall be filed only in state or federal court located in (Orlando, Florida) and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such action.
15. Termination
Either you or ISLADIVERS may terminate this Agreement at any time. You may terminate this Agreement by destroying all materials obtained from this Website. ISLADIVERS may terminate this Agreement immediately, without notice, for any reason, or no reason, and reserves the right to block or prevent future access to this Website.
16. Severability
If any portion of this Agreement or the Privacy Policy is determined by a court of competent jurisdiction to be unlawful, void, or unenforceable, that portion will be deemed severable and will not affect the validity and enforceability of any remaining provisions hereof.
