Just Gotta Dive, also known as JGD, is a niche portal that provides divers and dive businesses with online dive community and social network that enables them to interact and share their thoughts, feelings, knowledge, ideas, and experiences. JGD equips Members of our community with a platform that empowers them to discover, explore, experience, protect, and promote our underwater world. Our service allows Members to create a personal and one or more business profiles that they may use to communicate with fellow divers and to discover new dive buddies. The services offered by Just Gotta Dive (“JGD” or “we”) include any JGD-branded URL (the “Just Gotta Dive Website”), the JGD Internet messaging service, JGD mobile services, and any other features, content, or applications offered from time to time by JGD in connection with Just Gotta Dive’s business (collectively, the “JGD Services”).
This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the JGD Services. By using the JGD Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Just Gotta Dive Website, including through a mobile device, or otherwise use the JGD Services without being registered) or you are a "Member" (which means that you have registered with Just Gotta Dive). The term "User" refers to a Visitor or a Member. You are only authorized to use the JGD Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and the terms of this Agreement. Please read this Agreement and save it. If you do not agree to be bound by the terms of this Agreement and to follow all applicable laws, you should leave the Just Gotta Dive Website and discontinue use of the JGD Services immediately. If you wish to become a Member, communicate with other Members and/or make use of the JGD Services, you must read this Agreement and indicate your acceptance during the registration process.
This Agreement includes Just Gotta Dive’s policy for acceptable use of the JGD Services and Content (as defined in Section 6(a) below) posted on or through the Just Gotta Dive Website and your rights, obligations and restrictions regarding your use of the JGD Services and Content posted on or through the JGD Services. In order to participate in certain JGD Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions from Just Gotta Dive. Unless otherwise provided by the additional terms and conditions applicable to the JGD Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.
Just Gotta Dive may modify this Agreement from time to time and any such modification shall be effective upon posting by JGD on the Just Gotta Dive Website. Your continued use of the JGD Services after Just Gotta Dive posts a revised Agreement signified your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on or through Just Gotta Dive and that you provide to other Users. Your JGD profile may not include any form of Prohibited Content, as defined in Section 8 below. Despite this prohibition, information, materials, products or services provided by other JGD Members (for instance, in their Profile) may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and Just Gotta Dive assumes no responsibility or liability for this material. If you become aware of misuse of the JGD Services by any person, please contact JGD by selecting the “Contact” link on any of the Just Gotta Dive Website pages.
Just Gotta Dive reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or deny, restrict, suspend, or terminate your access to all or any part of the JGD Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Just Gotta Dive expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the JGD Services if Just Gotta Dive determines, in its sole discretion, that you pose a threat to JGD and/or its Users or that you have violated this Agreement in any way.
1.
ELIGIBILITY
Use of the JGD Services and registration to become a Member for JGD Services (“Membership”) is void where prohibited. By using the JGD Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the JGD Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 14 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18.
2.
TERM
This Agreement, and any posted revisions to this Agreement, shall remain in full force and effect while you use the JGD Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. Just Gotta Dive may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership is terminated, all terms and conditions of this Agreement will remain in effect.
3.
FEES
You acknowledge that Just Gotta Dive reserves the right to charge for any portion of the JGD Services and to change its fees (if any) from time to time in its discretion. If Just Gotta Dive terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).
4.
PASSWORD
When you sign up to become a Member of JGD, you will also be asked to select a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Just Gotta Dive immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
5.
USE BY MEMBERS
The JGD Services are for the personal use of Members only and may be used for promotional purposes as well, but direct commercial endeavors may only be used if they are specifically endorsed or authorized by Just Gotta Dive. JGD reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the JGD Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Just Gotta Dive Website, or employing third party promotional sites or software to promote profiles for money, is strictly prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. Just Gotta Dive reserves the right to take appropriate legal action for any illegal or unauthorized use of the JGD Services.
6.
PROPRIETARY RIGHTS IN CONTENT ON JUST GOTTA DIVE
(a) Just Gotta Dive does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through the JGD Services. After posting your Content to the JGD Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By displaying or publishing ("posting") any Content on or through the JGD Services, you hereby grant to Just Gotta Dive a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the JGD Services, including without limitation distributing part or all of the Just Gotta Dive Website in any media formats and through any media channels, except Content marked “private” will not be distributed outside the Just Gotta Dive Website. This limited license does not grant Just Gotta Dive the right to sell or otherwise distribute your Content outside of the JGD Services. After you remove your Content from the Just Gotta Dive Website, we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate. If after we have distributed your Content outside the Just Gotta Dive, you change the Content’s privacy setting to “private”, we will cease distribution of such “private” Content outside the Just Gotta Dive as soon as practicable after you make the change.
(b)
The license you grant to Just Gotta Dive is non-exclusive (meaning you are free to license your Content to anyone else in addition to JGD), fully-paid and royalty-free (meaning that Just Gotta Dive is not required to pay you for the use on the JGD Services of the Content that you post), sublicensable (so that Just Gotta Dive is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the JGD Services), and worldwide (because the Internet and the JGD Services are global in reach).
(c)
You represent and warrant that:
(i) you own the Content posted by you on or through the JGD Services or otherwise have the right to grant the license set forth in this Section , and
(ii)
the posting of your Content on or through the JGD Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you on or through the JGD Services.
(d)
The JGD Services contain Content of Just Gotta Dive ("JGD Content"). JGD Content is protected by copyright, trademark, patent, trade secret and other laws, and Just Gotta Dive owns and retains all rights in the JGD Content and the JGD Services. Just Gotta Dive hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the JGD Content (excluding any software code) solely for your personal use in connection with viewing the Just Gotta Dive Website and using the JGD Services.
(e)
The JGD Services contain Content of Users and other Just Gotta Dive licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the JGD Services.
(f) Just Gotta Dive performs technical functions necessary to offer the JGD Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the JGD Services.
7.
CONTENT POSTED
(a)
Just Gotta Dive may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of Just Gotta Dive violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm, or threaten the safety of any person or entity. Just Gotta Dive assumes no responsibility for monitoring the JGD Services for inappropriate Content or conduct. If at any time Just Gotta Dive chooses, in its sole discretion, to monitor the JGD Services, Just Gotta Dive nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
(b)
You are solely responsible for the Content that you post on or through any of the JGD Services, and any material or information that you transmit to other Members and for your interactions with other Users. Just Gotta Dive does not endorse and has no control over the Content. Content is not necessarily reviewed by Just Gotta Dive prior to posting and does not necessarily reflect the opinions or policies of Just Gotta Dive. Just Gotta Dive makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
8.
CONTENT/ACTIVITY PROHIBITED
The following are examples of the kind of Content that is illegal or prohibited to post on or through the JGD Services. Just Gotta Dive reserves the right to investigate and take appropriate legal action against anyone who, in Just Gotta Dive’s sole discretion, violates this provision, including without limitation, removing the offending Content from the JGD Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Just Gotta Dive:
(a)
is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any entity, group or individual;
(b)
harasses or advocates harassment of another person;
(c)
exploits people in a sexual or violent manner;
(d)
contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
(e)
solicits personal information from anyone under 18;
(f)
publicly posts information that poses or creates a privacy or security risk to any person;
(g)
constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(h)
constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
(i)
involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
(j)
contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
(k)
furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
(l)
solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
(m)
involves commercial activities and/or sales without prior written consent from Just Gotta Dive such as contests, sweepstakes, barter, advertising, or pyramid schemes;
(n)
includes a photograph or video of another person that you have posted without that person's consent;
(o)
uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile; or
(p)
violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
The following are examples of the kind of activity that is illegal or prohibited on the Just Gotta Dive Website and through your use of the JGD Services. Just Gotta Dive reserves the right to investigate and take appropriate legal action against anyone who, in Just Gotta Dive's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
(a)
criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets.
(b)
advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the JGD Services. You may not transmit any chain letters or junk email to other Members. In order to protect our Members from such advertising or solicitation, Just Gotta Dive reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Just Gotta Dive deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unauthorized commercial communications of any kind through the JGD Services, you acknowledge that you will have caused substantial harm to Just Gotta Dive, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Just Gotta Dive $25 for each such unsolicited email or other unauthorized commercial communication you send through the JGD Services;
(c)
circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the JGD Services;
(d)
activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
(e)
covering or obscuring the banner advertisements on your personal profile page, or any Just Gotta Dive page via HTML/CSS or any other means;
(f)
any automated use of the system, such as, but not limited to, using scripts to add friends or send comments or messages;
(g)
interfering with, disrupting, or creating an undue burden on the JGD Services or the networks or services connected to the JGD Services;
(h)
impersonating or attempting to impersonate another Member, person or entity;
(i)
for profiles containing JGD code, copying the code and embedding it (or directing others to embed it) anywhere other than your profile on Just Gotta Dive;
(j)
using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
(k)
selling or otherwise transferring your profile;
(l)
using any information obtained from the JGD Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;
(m)
displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the JGD Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your top friends, or sending private messages with a commercial purpose; or
(n)
using the JGD Services in a manner inconsistent with any and all applicable laws and regulations.
11.
SPECIAL PROVISIONS APPLICABLE TO USERS OUTSIDE OF THE UNITED STATES
Just Gotta Dive strives to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users outside the United States:
(a)
You consent to having your personal data transferred to and processed in the United States.
(b)
If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department’s list of Specially Designated Nationals, you will not engage in commercial activities on Just Gotta Dive or operate an application or website
12.
SUBMISSION OF IDEAS
Just Gotta Dive is always improving its WEBSITE and developing new features and functionality. If you have any ideas regarding improvements or additions to the Just Gotta Dive website that you feel would be beneficial to yourself and our members, we would like hear them, but any submission of these ideas will be subject to these Terms and Conditions.
UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA OR RELATED MATERIALS TO JUST GOTTA DIVE BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR RELATED MATERIAL TO JUST GOTTA DIVE, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU HAVE IN THE IDEA OR RELATED MATERIALS AND ARE REPRESENTING AND WARRANTING TO JUST GOTTA DIVE, THAT THE IDEA AND/OR RELATED MATERIALS ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR MATERIALS AND THAT JUST GOTTA DIVE IS FREE TO IMPLEMENT THE IDEA AND TO USE THE MATERIALS IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY JUST GOTTA DIVE, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.
13.
PROTECTING COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY
(a)
The design and entire contents of the Just Gotta Dive Website along with any materials emailed to you or otherwise supplied in conjunction with the Just Gotta Dive Website are considered intellectual property and are protected by international trademark and copyright laws. The owner of these trademarks and copyrights are Just Gotta Dive (also known as JGD), its affiliates, their respective owners or other third party licensors. You may not use or reproduce or allow anyone to use or reproduce any trademarks (such as “The JGD” name, logo, or other trade names that may appear on the Just Gotta Dive Website) for any reason without express written permission from Just Gotta Dive. Additionally, you may NOT modify, copy, reproduce, republish, post, upload, transmit, or distribute, in any manner, the material on the site, including any text, graphics, code and/or software.
If you are aware of an infringement of our brand, please contact the Just Gotta Dive's Copyright Agent.
(b) Just Gotta Dive respects the intellectual property of others, and requires that our users do the same. As a result, you may not upload, embed, post, email, transmit, or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity without obtaining the prior written consent of the owner of such proprietary rights. Just Gotta Dive has the right to terminate the Membership of those who infringe upon the rights of others.
If you believe that your work has been copied and posted on the JGD Services in a way that constitutes copyright infringement, please send Just Gotta Dive a notification of claimed infringement with all of the following information:
i.
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;
ii.
identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the JGD Services (providing the URL(s) of the claimed infringing material satisfies this requirement);
iii.
information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
iv.
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
v.
a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
vi.
your physical or electronic signature.
Notices of claimed infringement can be filed with Just Gotta Dive's Copyright Agent.
14.
MEMBER DISPUTES
You are solely responsible for your interactions with other JGD Members. Just Gotta Dive reserves the right, but has no obligation, to become involved in any way or to monitor disputes between you and other Members.
15.
PRIVACY
Use of the JGD Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
16.
DISCLAIMERS
Just Gotta Dive is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy, reliability, completeness, or usefulness of the User Content posted on or through JGD Services, whether caused by Users or Diving Correspondents of the JGD Services or by any of the equipment or programming associated with or utilized in the JGDD Services and such User Content does not necessarily reflect the opinions or policies of Just Gotta Dive.
Profiles and third party applications created and posted by Members on the Just Gotta Dive Website may contain links to other websites. Just Gotta Dive is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Just Gotta Dive. Inclusion of any linked website on the JGD Services does not imply approval or endorsement of the linked website by Just Gotta Dive. When you access these third-party sites, you do so at your own risk. Just Gotta Dive takes no responsibility for third party advertisements or third party applications that are posted on or through the JGD Services, nor does it take any responsibility for the goods or services provided by its advertisers.
Just Gotta Dive is not responsible for the conduct, whether online or offline, of any User of the JGD Services. Just Gotta Dive assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Just Gotta Dive is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the JGD Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the JGD Services.
Scuba Diving is a dangerous sport and JGD recommends diving through an accredited diving organization and always diving within the limits of your diving qualifications. Under no circumstances shall Just Gotta Dive be responsible for any loss or damage, including personal injury or death, resulting from use of the JGD Services, attendance at a Just Gotta Dive event, from any Content posted on or through the JGD Services, or from the conduct of any Users or Diving Correspondents of the JGD Services, whether online or offline. Users or Diving Correspondents who contribute content to the JGD Services do not dispense professional, medical, or legal advice. All information presented as part of the JGD Services is for educational or entertainment purposes only and is not intended as a substitute for professional advice of any kind. The JGD Services are provided "AS-IS" and as available and Just Gotta Dive expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Just Gotta Dive cannot guarantee and does not promise any specific results from use of the JGD Services.
17.
LIMITATION ON LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL JUST GOTTA DIVE ("JGD") ITS PRINCIPALS, OFFICERS, EMPLOYEES, CONTRACTORS, OR WRITERS BE LIABLE TO ANY USER'S USE OR MISUSE OF AND RELIANCE ON THE WEBSITE OR JGD SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES EVEN IF JUST GOTTA DIVE OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE WEBSITE OR JGD SERVICES, FROM INABILITY TO USE THE WEBSITE OR JGD SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE WEBSITE OR JGD SERVICES INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES.
SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR JGD SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE WEBSITE OR JGD SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR JGD SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE WEBSITE OR JGD SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE WEBSITE OR JGD SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE JUST GOTTA DIVE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF WEB PAGES OR OTHER CONTENT STORED THROUGH JUST GOTTA DIVE.
UNDER NO CIRCUMSTANCES SHALL JUST GOTTA DIVE OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, JUST GOTTA DIVE’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO JUST GOTTA DIVE FOR THE WEBSITE OR JGD SERVICES DURING THE TERM OF MEMBERSHIP.
18.
U. S. EXPORT CONTROLS
Software available in connection with JGD Services (the “Software”) is further subject to United States export controls. No Software may be downloaded from the JGD Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
19.
DISPUTES
The Agreement shall be governed by, and construed in accordance with, the laws of the State of New Jersey, without regard to its conflict of law provisions. You and Just Gotta Dive agree to submit to the exclusive jurisdiction and venue in the state and federal courts of the United States located within the State of New Jersey to resolve any dispute arising out of the Agreement or the JGD Services.
EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
20.
INDEMNITY
You agree to indemnify and hold Just Gotta Dive, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the JGD Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Just Gotta Dive Website or through the JGD Services causes Just Gotta Dive to be liable to another.
21.
NO RESALE, ASSIGNMENT, OR SUBLICENSING
You agree not to resell, assign, sublicense, otherwise transfer, or delegate your rights or obligations under these Terms and Conditions without prior express written authorization from Just Gotta Dive.
22.
SUCCESSORS AND ASSIGNS
Without in any way limiting the prohibition on your resale, assignment, sublicensing, or other transfer of rights or obligations, these Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.
23.
OTHER
This Agreement is accepted upon your use of the Just Gotta Dive Website or any of the JGD Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Just Gotta Dive regarding the use of the JGD Services. The failure of Just Gotta Dive to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. JGD is a trademark of Just Gotta Dive, LLC. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
24.
VIOLATION OF TERMS AND CONDITIONS
If you violate these Terms and Conditions or any other rights of Just Gotta Dive, JGD reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all access and or user accounts on The Just Gotta Dive website.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.