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Terms & Conditions

Terms & Conditions

In using this website, you are deemed to have read and agreed to the following terms & conditions:

In this terms and conditions document as well as in our privacy policy and our disclaimer, the following terminology applies: “customer”, “client”, “you” and “yours” refer to you, the person accessing our website and accepting the terms. “The company”, “ourselves”, “we” and “us” refers to Summit SCUBA, the company owning the Summit SCUBA family of courses and its products. “Party,” “parties” and “us” refers to both the customer and us. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the customer in the most appropriate manner. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

 

Disclaimer Of SCUBA Diving Information On This Site

The SCUBA Information Provided on this site is for information purposes only. Under no circumstances are the videos, images or text on this site meant as a substitute for actual SCUBA training. SCUBA diving requires specialized training and certification. The videos in this program are designed to teach their viewers about the requirements needed to become a diver; they are not a substitute for actual in person training. If you are interested in SCUBA diving you MUST take a formal SCUBA class with an instructor from an internationally recognized SCUBA agency in order to SCUBA dive. SCUBA diving without proper training can cause serious injury or even death. Becoming a SCUBA diver requires training on the theory of diving as well as practical training in a pool and the ocean or other open water environment. We created this site specifically to show you the merits and importance of enrolling in a proper SCUBA class conducted by instructors from an internationally recognized SCUBA training agency.

Refund Policy

These are the terms concerning refunds for our customers:

  • In the event that you are not happy with any product you purchase from Summit SCUBA then you are protected by a 30 day money back guarantee.
  • If you ask for a refund beyond 30 days after the initial purchase date of the product, then you will not be granted a refund.
  • By asking for a refund you are agreeing to remove the Summit SCUBA training products associated with the purchase from your computer and anywhere else you may have saved them and return any training materials that were issued to you upon purchase.
  • Refunds are made via your stated payment method and are subject to the policies of the agency used to process the payment.

Payment

Payments are processed through third-party payment providers like PayPal, to insure the best possible customer experience and ensure the customer’s privacy. All goods remain property of the company until paid for in full. Access the member site is available as soon as the initial payment is made. Additional charges, late fees, chargeback fees and other fees are determined by our payment providers.

Cancellation and Refund Policy

We want you to be completely satisfied with any purchases you may make from us. For this reason all our products come with a 30 day refund guarantee. Customers can request a refund by contacting us directly. Refunds are only granted within 30 days of the original payment. Refund requests that reach us outside of 30 days will not be granted. We have the right to cancel services at any time.

Exclusions and Limitations

The information on this site is provided “as is”. To the fullest extent permitted by law, the company excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the company’s literature. The company excludes all liability for damages arising out of or in connection with your use of this website. Please see the privacy policy and disclaimer for full details. For licensing terms, see the corresponding section in the disclaimer.

 

ANTI-SPAM POLICY

We hate unsolicited commercial e-mail as much as you do. Also known as Spam or junk e-mail, it is a disservice to the Internet community.

We fully endorse and comply with the requirements of the CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography and Marketing Act), and all other applicable unsolicited commercial e-mail laws.

If you subscribe to electronic newsletters or other communications from us or our website, you will always have an option to unsubscribe immediately.

If you have additional questions, comments or concerns, please contact us by sending an e-mail to through the contact form at the bottom of this page and providing us with information relating to your concern.

You may also mail your concerns to us at the following address:

400 S. Hollybrook Dr. #108 Pembroke Pines, Fl 33025

Please note that the content of this page can change without prior notice.

This Anti-Spam Policy was last updated on 10-02-2015.

In summary this section means:

  • We comply with laws applicable to unsolicited commercial e-mail.

 

DMCA POLICY

This notice is for informational purposes only. It is not intended as, nor should it be construed as, legal advice. If you believe that your intellectual property rights have been infringed upon, or if a notice of infringement has been filed against you, you should immediately seek legal counsel.

This Site (see the Site’s Terms of Service for definitions), including all text, HTML, scripts, and images are copyrighted and owned by Summit SCUBA. All rights reserved.

NO PART OF THIS SITE MAY BE REPRODUCED OR TRANSMITTED IN ANY FORM OR BY ANY MEANS, MECHANICAL, ELECTRONIC, OR OTHERWISE, INCLUDING PHOTOCOPYING AND RECORDING, OR BY ANY INFORMATION STORAGE AND RETRIEVAL SYSTEM, OR TRANSMITTED BY E-MAIL, OR USED IN ANY OTHER FASHION WITHOUT OUR EXPRESS PRIOR WRITTEN PERMISSION.

This, of course, excludes the downloading and temporary caching of this Site on a personal computer for the explicit purpose of viewing this Site, as well as any information clearly marked as reproducible. This copyright notice applies to everyone, including all visitors to this Site.

DMCA PROVISIONS

The Digital Millennium Copyright Act of 1998, found at 17 U.S.C. § 512 (“DMCA”), provides recourse for owners of copyrighted materials who believe that their rights under United States copyright law have been infringed upon on the Internet.

Under the DMCA, the bona fide owner of copyrighted materials who has a good faith belief that their copyright has been infringed may contact the person or entity infringing on their copyright.

We are committed to complying with international trade law, international trade practices, all United States laws, including United States copyright law. Upon receipt of a properly filed complaint under the DMCA (Takedown Notice), we will block access to the allegedly infringing material in accordance with the DMCA. We will take reasonable steps to forward a copy of the Takedown Notice to the alleged infringer. Anyone who believes in good faith that a Takedown Notice has wrongfully been filed against them may submit a Counter Notice to us.

DMCA Takedown Notice

Please send your DMCA Takedown Notice to:
Summit SCUBA
400 S. Hollybrook Dr. #108
Pembroke Pines, FL 33025

To file a Takedown Notice with us, you must provide a written communication that sets forth the items specified below. You may be liable for damages (including damages, costs, and attorneys’ fees) if you misrepresent that the material you identify is infringing your copyright. Accordingly, if you are not sure whether certain material of yours is protected by copyright laws or is infringed by the material you identify, we suggest that you first contact an attorney.

To expedite our ability to process your request, please use the following format (including section numbers):

  1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon. If the copyright is registered, please include the applicable registration number(s).
  2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above. (You must include the URL(s) (the location(s) of the page(s) that contains the allegedly infringing material and also include a description of the specific content which you claim is infringing on your copyright).)
  3. Provide information reasonably sufficient to permit the website owner to contact you (First and last name, e-mail address and a phone number are required at a minimum. If applicable, also include your title, company and the name of the copyright holder you represent).
  4. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. I also affirm that as the copyright owner or its authorized agent, I have 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.”
  5. The signature of the copyright owner or a person authorized to act on behalf of the copyright owner. You may send your notice via email provided such notice includes a proper electronic signature. The signature or electronic signature must be that of the copyright owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed. For details on the information required for valid notification, see 17 U.S.C. § 512(c)(3).

 

Disclaimer

In Plain language

It is our policy to create SCUBA training products and services. We hold all our customers and students in high regard. We will never do anything to cheat you or deceive you, we will not spam you or spy on you and we will never share your information with any third party. We’ve done our best to present all information on this site accurately and all the testimonials are real testimonials from real people.

Basically, we’re an honest business and we’d be glad to tell our customers about everything we do, as we have nothing to hide or be ashamed of.

Below, there’s a whole bunch of lawyer-speak, which is designed to cover us in every possible way.

Disclaimer

Summit SCUBA makes no representations, warranties, or assurances as to the accuracy, currency or completeness of the content contain on this website or any sites linked to this site.

E-mail Policy

We are committed to keeping your e-mail address confidential. We do not sell, rent, or lease our subscription lists to third parties, and we will not provide your personal information to any third party individual, government agency, or company at any time unless compelled to do so by law.

We will use your e-mail address solely to provide timely information about Summit SCUBA.

Summit SCUBA will maintain the information you send via e-mail in accordance with applicable federal law.

CAN-SPAM Compliance

In compliance with the CAN-SPAM Act, all e-mail sent from our organization will clearly state who the e-mail is from and provide clear information on how to contact the sender. In addition, all e-mail messages will also contain concise information on how to remove yourself from our mailing list so that you receive no further e-mail communication from us.

Choice/Opt-Out

Our site provides users the opportunity to opt-out of receiving communications from us and our partners by reading the unsubscribe instructions located at the bottom of any e-mail they receive from us at any time.

Users who no longer wish to receive our newsletter or promotional materials may opt-out of receiving these communications by clicking on the unsubscribe link in the e-mail

Anti-spam Policy

Summit SCUBA, Inc. prohibits the use of their website and/or services in any manner associated with the transmission, distribution or delivery of any unsolicited bulk or unsolicited commercial e-mail (“Spam”). You may not use any Summit SCUBA to send Spam. You also may not deliver Spam or cause Spam to be delivered to any customers of Summit SCUBA, Inc.

In compliance with the CAN-SPAM Act of 2003 (15 U.S.C. 7701, et seq., Public Law No. 108-187, was S.877 of the 108th United States Congress), e-mail sent, or caused to be sent, to or through the Summit SCUBA website or service may not:

  • use or contain invalid or forged headers;
  • use or contain invalid or non-existent domain names;
  • employ any technique to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path;
  • use other means of deceptive addressing;
  • use a third party’s internet domain name, or be relayed from or through a third party’s equipment, without permission of the third party;
  • contain false or misleading information in the subject line or otherwise contain false or misleading content;
  • fail to comply with additional technical standards described below;
  • Otherwise violate our Terms of Use.
  • Summit SCUBA does not authorize the harvesting, mining or collection of e-mail addresses or other information from or through the website or its services. Summit SCUBA does not permit or authorize others to use the Summit SCUBA services to collect, compile or obtain any information about its customers or subscribers, including but not limited to subscriber e-mail addresses.

Summit SCUBA does not permit or authorize any attempt to use its services in a manner that could damage, disable, overburden or impair any aspect of any of the services, or that could interfere with any other party’s use and enjoyment of any Summit SCUBA service.

If Summit SCUBA believes that unauthorized or improper use is being made of any service, it may, without notice, take such action as it, in its sole discretion, deems appropriate, including blocking messages from a particular internet domain, mail server or IP address. Summit SCUBA may immediately terminate any account on any service which it determines, in its sole discretion, is transmitting or is otherwise connected with any e-mail that violates this policy.

Nothing in this policy is intended to grant any right to transmit or send e-mail to, or through, the Summit SCUBA website and/or services. Failure to enforce this policy in every instance does not amount to a waiver of Summit SCUBA’s rights.

Unauthorized use of any Summit SCUBA services in connection with the transmission of unsolicited e-mail, including the transmission of e-mail in violation of this policy, may result in civil, criminal, or administrative penalties against the sender and those assisting the sender.

Violators of the CAN SPAM Act may be subject to “cease and desist” orders or penalties from the FTC (Federal Trade Commission) of up to $11,000 per violation. Criminal prosecution is also possible in the case of egregious offenders, which can result in penalties such as fines, forfeiture of proceeds and equipment. The worst offenders can also be subject to prison time.

Terms of Use

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

Intellectual Property Rights

All copyrights, trademarks, patents and other intellectual property rights in and on our website and all content and software located on the site shall remain the sole property of Summit SCUBA or its licensors. The use of our trademarks, content and intellectual property is forbidden without the express written consent from Summit SCUBA.

You must not:

  • Republish material from our website without prior written consent.
  • Sell or rent material from our website.
  • Reproduce, duplicate, create derivative, copy or otherwise exploit material on our website for any purpose.
  • Redistribute any content from our website, including onto another website.

 

Acceptable Use

You agree to use our website only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the website. Prohibited behavior includes harassing or causing distress or inconvenience to any other user, transmitting obscene or offensive content or disrupting the normal flow of dialogue within our website.

You must not use our website to send unsolicited commercial communications. You must not use the content on our website for any marketing related purpose without our express written consent.

Restricted Access

We may in the future need to restrict access to parts (or all) of our website and reserve full rights to do so. If, at any point, we provide you with a username and password for you to access restricted areas of our website, you must ensure that both your username and password are kept confidential.

Revisions

Summit SCUBA may change these terms from time to time and so you should check these terms regularly. Your continued use of our website will be deemed acceptance of the updated or amended terms. If you do not agree to the changes, you should cease using our website immediately.

If any of these terms are determined to be illegal, invalid or otherwise unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable.

Limitation of Liability

The materials at this site are provided “as is” without any express or implied warranty of any kind including warranties of merchantability, noninfringement of intellectual property, or fitness for any particular purpose. In no event shall summit scuba or its agents or officers be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information, injury or death) arising out of the use of or inability to use the materials, even if summit scuba has been advised of the possibility of such loss or damages.

Testimonial Disclaimer

In accordance with the ftc guide lines concerning use of endorsements and testimonials in advertising, please be aware of the following:

Testimonials appearing on this site are actually received via text, audio, in-person or video submission. They are individual experiences, reflecting real life experiences of those who have used our products and/or services in some way or another. However, they are individual results and results do vary. We do not claim that they are typical results that consumers will generally achieve. The testimonials are not necessarily representative of all of those who will use our products and/or services.

The testimonials displayed (text, audio and/or video) are given verbatim except for correction of grammatical or typing errors. Some have been shortened. In other words, not the whole message received by the testimonial writer is displayed, when it seemed lengthy or not the whole testimonial seemed relevant for the general public.

Summit scuba is not responsible for any of the opinions or comments posted to our site. Summit scuba is not a forum for testimonials, however provides testimonials as a means for customers to share their experiences with one another. To prevent against abuse, all testimonials appear after they have been reviewed by management of summit scuba. Sumit scuba does not share the opinions, views or commentary of any testimonials on this site, and are strictly the views of the reviewer.

 

Governing Law

This Agreement shall be subject to and construed in accordance with the laws of the State of Florida, excluding its conflict of laws principles. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.