Terms of Service
Access to and use of this website (the “Site”), which is owned by Second Wave Dive, LLC (“SWD”, “we” and “our”), is subject to the following terms and conditions (the “Terms”). Please read these Terms carefully, and make sure you understand and agree to them, because, BY ACCESSING OR USING THE SITE, YOU AGREE (ON YOUR OWN BEHALF AND ON BEHALF OF ANY ORGANIZATION OR COMPANY YOU REPRESENT) TO BE BOUND BY THE TERMS. SO, YOU MAY NOT ACCESS OR USE THE SITE IF YOU DO NOT AGREE. Use of the Site is also subject to our Privacy Policy.
Site Access & Restrictions
You may access and use this Site only in accordance with these Terms and applicable law. You may not, without our express written permission in each instance, download, copy, reproduce, sell, retransmit, make derivative works based upon, or otherwise exploit the Site, the Content (as defined below), or our Trademarks (as defined below). You may not, in any instance, (a) use data mining, robots, or other data gathering or extraction tools on the Site, or (b) hyperlink to the Site in connection with any matter that is false, misleading, disparaging, or offensive.
Site Content
The Site and all of its content, including text, images, graphics, page layouts, user interfaces, sound, music, videos, and photographs (collectively, the “Content”) is owned or licensed by or to us, and is protected by copyright, trademark or similar intellectual property laws. Except as expressly provided in these Terms: (a) none of the Content may be reproduced, recorded, transmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered, or performed; (b) you are not granted any right or license to any of the Content; and (c) we reserve all rights to the Content.
Trademarks
All of our trademarks, logos, service marks and trade dress (the “Trademarks”) are the exclusive property of SWD, and you are not granted any rights therein. All rights in and to our Trademarks are expressly reserved. You may not use any metatags or any other “hidden text” utilizing SWD’s name or trademarks without our express written consent in each instance.
Your Content
You may send and post communications, comments and materials, and submit suggestions, ideas, comments, questions, or other information (collectively “Your Content”) provided that Your Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, and does not consist of or contain software viruses, chain letters, mass mailings, or any form of “spam”. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to Your Content’s origin. You grant us, our affiliates, successors and assigns a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display Your Content throughout the world in any media, and the right and license to use the name and likeness that you submit in connection with Your Content, if we choose. You represent and warrant that: (a) you own or otherwise control all of the rights to Your Content; (b) Your Content, to the extent factual, is accurate; (c) our use of Your Content does not and will not violate any law or cause injury to any person or entity.
Links
We may provide links to websites hosted by third parties (“Third Party Sites”), and third party content may appear on the Site (“Third Party Content”). We are not responsible, and assume no liability, for Third Party Sites or Third Party Content, including without limitation any mistakes, misstatements, defamation, infringement, slander, libel, omissions, falsehood or obscenity contained within the Third Party Sites or Third Party Content. If you believe that any content on the Site infringes your copyright, you must utilize the Copyright Procedures described below.
Rules
We have some ground rules, which you must adhere to when using the Site. You agree not to do any of the following:
- Threaten other users with violence;
- Use hateful, abusive, harassing, libelous, or obscene language towards other users;
- Post any material that infringes or violates any third party’s copyright, trademark, trade secret, privacy, or other proprietary or property right;
- Post any material which promotes illegal activity, could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law or regulation;
- Use the Site to send spam, chain letters, junk mail, or any other type of unsolicited mass email;
- Use the Site to distribute viruses or other harmful, disruptive, or destructive files;
- Use or attempt to use another person’s account;
- Disrupt or interfere with the security of, or otherwise abuse, the Site, or any servers or networks connected to the Site;
- Attempt to obtain unauthorized access to the Site;
- Impersonate another person;
- Share with any minor any content or materials inappropriate for children, or allow any minor access to such materials;
- Systematically harvest data from the Site, or programmatically register accounts on the Site.
You further agree that you are responsible for your actions in relation to the Site, and for any communications transmitted under your account; that you will comply with all laws relating to the transmission of technical data or software exported from the United States; and that you will comply with all applicable local, state, national and international laws and regulations, including without limitation those related to privacy, data collection, and email creation and delivery.
If it appears you have violated any of these rules, we may, in our sole discretion, remove any offending material or immediately limit or terminate your account.
Copyright Procedures [Digital Millennium Copyright Act]
We deal with copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA). You may not post, upload, or otherwise place any content or information on the Site that belongs to a third party, unless you have the legal right to do so. If you believe that any such information or content has been posted on the Site, please send a notice of copyright infringement containing the following information to the designated agent at the address below:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
- 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.
- Contact information for the notifying party, including name, address, telephone number, and email address.
- A statement that you 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.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon notification of claimed infringement, we will respond expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity. We will also notify the person who posted, uploaded, or otherwise placed the allegedly infringing material on the Site that we have removed or disabled access to such material. If you believe that material has been removed improperly, you must send a written counter notification to the agent, and include:
- A physical or electronic signature.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided the original notification or an agent of such person.
Upon receipt of a counter notification complying with these requirements, we will promptly provide the original reporter with a copy of the counter notification, and inform that person that we may replace the removed material or cease disabling access to it if we do not receive notice within ten business days that the original reporter is seeking a court order to prevent further infringement of the material at issue.
Our Copyright Agent for notice of claims of copyright infringement on its Site is:
Ryan Rumsey
17350 State Highway 249 Ste 220 #608
Houston, Texas 77064
ryan@secondwavedive.com
Repeat Infringers
We have a policy of terminating repeat infringers access to the Site.
Programs
We offer programs, as described on the Site from time to time. Fees for programs are paid for via preauthorized charges to your credit card, in advance, in accordance with the terms of the offer, and are nonrefundable. We reserve the right to terminate program participation. If we do so in the middle of a program term, we will refund a prorated portion of the amount in accordance with the terms of the offer. If you violate these Terms or any event Code of Conduct, we may terminate your participation and will not be obligated to return any of the prepaid fees.
Payments
All payments are handled by a third-party service provider, pursuant to its terms and privacy policy. Currently (at the time of amending these terms to add paid services), we utilize Stripe to provide these services. When you enroll, you will be taken to the provider’s gateway. Any information you provide to that third party will be maintained in accordance with its policies, and not ours; so, please make sure to review the terms and policies at the time you enroll. We will not have access to or store your personal credit information. All payments must be made in U.S. Dollars. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes.
Indemnification
You agree to indemnify, defend (at our option) and hold harmless SWD and its affiliates, members, managers, officers, directors, successors, assigns, licensors, representatives and employees from and against any claim, demand, suit, action, damage, fees, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Site, violation of these Terms, or your violation of any law, regulation or third-party right, including any violation of any copyrights or trademarks rights held by a third party.
Media Release
You authorize SWD to take photographs, motion pictures and/or audio recordings of me. You agree to your image, voice and/or likeness being used in all forms of print and electronic media recordings and publications and/or audio or video productions for purposes related to the educational mission of SWD, including research, education (including online courses) and the publicity, marketing and promotion of educational programs for SWD (the “Material”). You acknowledge that SWD will be the copyright owner of the Materials and your image, voice and/or likeness becomes the sole and exclusive property of SWD, and that SWD may sell, copy, modify, create derivatives, license, assign, transfer, archive and otherwise use your image, voice and/or likeness in any Material. You further authorize SWD to grant any third party the right to use your image, voice and/or likeness for any lawful commercial or non-commercial purpose related to academics or education. You release SWD from any and all liability arising out of the use of your image, voice and/or likeness, including without limitation any claims arising out of your right of privacy or right of publicity. You are participating on a voluntary basis and no compensation, fees or royalties will be paid for this use.
Disclaimers
We do not make any warranties or guarantees about the reliability, completeness, or accuracy of the information contained on the Site. The Site and the Content may be changed without notice. Use of the Site is strictly at your own risk. The information on the Site is designed for informational and entertainment purposes only, and under no circumstances should it be used (or is it intended) as a substitute for professional advice. To the fullest extent permissible by applicable law, we disclaim all warranties, express or implied, including without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. And though we take security seriously, we cannot guarantee it. Thus, you understand that the Site and electronic communications sent to you may not be free of viruses or other harmful objects.
Limitations
Under no circumstances — including, without limitation, negligence — shall we be liable for any direct, indirect, incidental, special or consequential damages, resulting from: (1) the use or the inability to use the Site; (2) the cost of procurement of substitute goods and services; (3) unauthorized access to or alteration of your transmissions or data; (4) loss of profits, use, data or other intangibles, or other special, indirect, or consequential damages, even if we have been advised of the possibility of such damages; or (5) damages in excess of (a) what you have paid for your participation if you are a paid participant, or (B) $100.00 if you have not paid. The foregoing shall not apply to the extent prohibited by applicable law.
Applicable Law & Jurisdiction
By visiting the Site, you agree that the laws of the State of Texas, without regard to its principles of conflict of laws or those of any other jurisdiction, will govern these Terms, your relationship with SWD, and any dispute of any sort that may arise between you and SWD. Any dispute relating in any way to your visit to the Site or to orders made through the Site shall be adjudicated in any state or federal court in Texas, and you consent to exclusive jurisdiction and venue in such courts.
Modifications
We reserve the right to modify these Terms. Updated versions of these Terms will appear on this Site and become the effective ten (10) days after posting. If we make any modifications that materially impact upon your rights or obligations under these Terms, we will either (a) post a conspicuous notice on the Site homepage at the time we post the modified terms, or (b) email notice of the modified Terms to your email on file with us.
Right to Terminate
We may at any time decide to alter, amend, modify, or terminate the Site, any functionality or portion of it, all in our sole discretion, and you understand that there is no guarantee that the Site or any portion or functionality of it will continue to operate or be available for any particular period of time.
Miscellaneous
If any provision contained in these Terms is determined unenforceable, then such provision will be severed and replaced with a new provision that most closely reflects the intent of the original provision, and the remaining provisions of these Terms will remain in full force and effect. No waiver of any provision of these Terms shall be effective except pursuant to a written instrument signed by us expressly waiving compliance, and any such waiver shall be effective only in the specific instance and for the specific purpose stated in such writing. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms and/or your use of the Site. You may not assign any right, interest, or benefit provided under these Terms or through the Site without our express prior written consent. These Terms set forth the entire agreement between you and us concerning the Site, membership terms and other matters described herein, and supersede any and all prior communications, agreements and proposals, whether electronic, oral or written, between you and us with respect to such matters. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Contact
Our contact information is:
Ryan Rumsey
17350 State Highway 249 Ste 220 #608
Houston, Texas 77064
ryan@secondwavedive.com
Last Modified
October 1, 2024