We allow third-party advertising companies to collect certain information when you visit our site. These companies may utilize cookies, pixels or other technologies to collect and use non-personally identifiable information (e.g., hashed data, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to this and other websites in order to provide advertisements about goods and services likely to be of greater interest to you (i.e. interest-based advertising). They may also use persistent identifiers to anonymously track your Internet usage over time and across other websites in their networks beyond our site. For example, if you visit one of our tour pages, we may later serve you a targeted ad for that particular tour as you browse the internet. If you visit our contact us page and fill out the form, we will collect personal information – specifically your name and email address. This website does not respond to “Do Not Track” signals sent from your browser or device. Any material changes to this notice will be posted to this website.
To learn more about interest-based advertisings or to opt-out of this type of advertising, you can visit the websites of the Digital Advertising Alliance at www.aboutads.info and Networking Advertising Initiative at www.networkadvertising.org/choices.
Effective Date: January 20, 2015
Terms and Conditions
By accessing or using this website, you agree to be bound by the terms and conditions set forth in the Website User Agreement. BANYANTREEDIVERS.COM (SEE WEBSITE USER AGREEMENT) EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN OR RELATED TO THE EQUIPMENT AND MERCHANDISE SOLD, OFFERED OR DESCRIBED IN ANY WAY ON THIS WEBSITE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. All product warranties come direct from the manufacturer to you.
BANYANTREEDIVERS.com Website User Agreement
The .com website (the “Site”) is an online store provided by BANYAN TREE DIVERS SCUBA LLC (“BANYAN TREE DIVERS”), subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE.BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW.IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. BANYANTREEDIVERS.COM OR BANYAN TREE DIVERS SCUBA MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international copyright and trademark laws.The owner of the copyrights and trademarks displayed on and associated with the Site are BANYANTREEDIVERS.com, BANYAN TREE DIVERS SCUBA, its customers, affiliates or other third party licensors.YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to BANYANTREEDIVERS.com and BANYAN TREE DIVERS SCUBA a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to BANYANTREEDIVERS.com and BANYAN TREE DIVERS SCUBA by all means and in any media now known or hereafter developed. You also grant toBANYANTREEDIVERS.com and BANYAN TREE DIVERS SCUBA the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto.You agree that you shall have no recourse against BANYANTREEDIVERS.com and/or BANYAN TREE DIVERS SCUBA for any alleged or actual infringement or misappropriation of any proprietary right in your communications to BANYANTREEDIVERS.com and/or BANYAN TREE DIVERS SCUBA. If you believe that content appearing on the Site constitutes copyright infringement of another party’s rights, please notify BANYAN TREE DIVERS SCUBA immediately. TRADEMARKS. BANYANTREEDIVERS.com and/or any other names of BANYANTREEDIVERS.com or BANYAN TREE DIVERS SCUBA, or its publications, products, content or services referenced herein or on the Site are the exclusive trademarks of BANYANTREEDIVERS.com and BANYAN TREE DIVERS SCUBA. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
2. Use of the Site.
You understand that, except for information, merchandise or services clearly identified as being supplied by BANYANTREEDIVERS.com and/or BANYAN TREE DIVERS SCUBA, BANYANTREEDIVERS.com and BANYAN TREE DIVERS SCUBA do not operate, control or endorse any information, merchandise or services on the Internet in any way. Except for BANYANTREEDIVERS.com identified or BANYAN TREE DIVERS SCUBA identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties that are not affiliated with BANYANTREEDIVERS.com or BANYAN TREE DIVERS SCUBA. You also understand that BANYANTREEDIVERS.com and BANYAN TREE DIVERS SCUBA can not and do not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. You warrant and represent that you are a certified SCUBA diver, with the training necessary to safely use any of the merchandise purchased through the Site. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, THE INTERNET, AND ANY EQUIPMENT PURCHASED FROM BANYANTREEDIVERS.COM OR BANYAN TREE DIVERS SCUBA. BANYANTREEDIVERS.COM AND BANYAN TREE DIVERS SCUBA PROVIDE THE SITE, RELATED INFORMATION AND MERCHANDISE “AS IS” AND DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE, ANY MERCHANDISE, INFORMATION OR SERVICES PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY. BANYANTREEDIVERS.COM AND BANYAN TREE DIVERS SCUBA SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE QUALITY, ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. BANYANTREEDIVERS.COM AND BANYAN TREE DIVERS SCUBA DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU UNDERSTAND FURTHER THAT THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOU ACCESS SUCH MATERIALS AT YOUR RISK. BANYANTREEDIVERS.COM AND BANYAN TREE DIVERS SCUBA HAVE NO CONTROL OVER AND ACCEPT NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS. LIMITATION OF LIABILITY IN NO EVENT WILL BANYANTREEDIVERS.COM OR BANYAN TREE DIVERS SCUBA BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, OR ANY INFORMATION, TRANSACTIONS OR MERCHANDISE PROVIDED ON THE SITE, OR DOWNLOADED FROM THE SITE, OR ANY DELAY OF SUCH INFORMATION, EVEN IF BANYANTREEDIVERS.COM, BANYAN TREE DIVERS SCUBA OR THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SITE OR PRODUCTS PURCHASED FROM BANYANTREEDIVERS.COM OR BANYAN TREE DIVERS SCUBA. BANYANTREEDIVERS.com and BANYAN TREE DIVERS SCUBA make no representations whatsoever about any other websites which you may access through this one or which may link to this Site. When you access a non- BANYANTREEDIVERS.com website, please understand that it is independent from BANYANTREEDIVERS.com, and that BANYANTREEDIVERS.com and BANYAN TREE DIVERS SCUBA have no control over the content on that website. In addition, a link to a BANYANTREEDIVERS.com website does not mean that BANYANTREEDIVERS.com endorses or accepts any responsibility for the content, or the use, of such website.
You agree to indemnify, defend and hold harmless BANYANTREEDIVERS.com, BANYAN TREE DIVERS SCUBA, and their officers, directors, employees, agents, licensors, suppliers and any third party information providers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Site.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of BANYANTREEDIVERS.com, BANYAN TREE DIVERS SCUBA, and their officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
5. Term; Termination.
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.