These Web Site General Terms and Conditions (Terms) are entered into by and between you and Global Scuba Manufacturing of Texas, LLC. ("GSMoT"). In consideration of your use of and access to our Internet web sites including but not limited to global-mfg.com (the “Web Site”), and the promises and obligations herein, and intending to be legally bound, you and GSMoT hereby agree as follows:
Your access to and use of the Web Site is subject to these Terms which incorporate the separately posted Privacy Statement, as modified from time to time, and all applicable laws and regulations. BY USING THIS WEB SITE, YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS. If you do not want to be bound by these Terms, do not use the Web Site.
1. Specific Product Information.
Among other things, the Web Site provides information concerning various products and services and the opportunity to obtain additional information concerning those products and services or to purchase them. These Terms and the information provided in the Web Site in no way override the terms and conditions of your purchase of any product or service except as specifically provided herein. To the extent any area within the Web Site contains specific terms and conditions concerning its use (Specific Terms), those Specific Terms are in addition to these Terms. To the extent there is a direct conflict between these Terms and the Specific Terms, the Specific Terms shall prevail.
2. Changes in Terms.
GSMoT has the right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of the Web Site. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to posting the revised or additional terms and conditions on the Web Site. You are responsible for reviewing the Web Site periodically for any modification to this Agreement that may affect your rights or obligations hereunder. You agree that you shall be deemed to be apprised of and bound by any modification by GSMoT to these Terms. ANY ACCESS OR USE OF THE WEB SITE BY YOU AFTER NOTICE OF REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR AGREEMENT TO SUCH REVISIONS OR ADDITIONS. No modification to these Terms by any party other than GSMoT shall be valid or enforceable against GSMoT unless expressly agreed to by GSMoT in a writing signed by a duly authorized officer of GSMoT.
These Terms are effective until terminated by GSMoT. GSMoT may terminate these Terms without notice and at any time. In the event of termination, you are no longer authorized to access the Web Site, and the restrictions imposed on you with respect to the Content (defined below), and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination.
GSMoT shall also have the right without notice and at any time to terminate the Web Site or any portion thereof, or any products or services offered through the Web Site, or to terminate any individual’s right to access or use the Web Site or any portion thereof.
4. Compliance with Laws.
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Web Site and your purchase of the items on the Web Site. You must be at least 18 years old to use the Web Site.
The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided on the Web Site, as well as the selection, assembly and arrangement thereof, are referred to collectively as the “Content”.
The Content may contain errors, omissions, or typographical errors or may be out of date. GSMoT may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on GSMoT in any way except to the extent it is specifically indicated to be so.
Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by GSMoT or by third parties that have licensed their use to GSMoT. You may view and use the Content only for your personal information and for shopping and ordering on the Web Site, and for no other purpose, and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, GSMoT does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the Web Site, including without limitation by transferring, downloading or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in a writing signed by GSMoT, is strictly prohibited.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT:
If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have otherwise been violated, please provide GSMoT a written statement by you, signed under penalty of perjury, with a description of the alleged infringement. Send this information to:
Global Scuba Manufacturing of Texas, LLC.
4674 Priem Lane, Suite 402
Pflugerville, TX 78660 USA
6. Linked Third Party Sites.
Links to other Internet sites operated by third parties, including GSMoT vendors, do not constitute sponsorship, endorsement, or approval by GSMoT of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by GSMoT, and GSMoT is not responsible for the availability, content, security, policies, or practices of linked sites, including without limitation privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk.
7. Disclaimer and Limitation of Liability as to the Web Site and Content.
GSMoT MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE WEB SITE OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION AND MATERIALS. GSMoT ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE WEB SITE OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON THE WEB SITE IS PROVIDED TO USERS “AS IS,” WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. THE “AS IS” CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE WEB SITE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
UNDER NO CIRCUMSTANCES SHALL GSMoT, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEB SITE OR ANY LINKED SITE OR ITS CONTENTS, INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF GSMoT IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify, and hold harmless GSMoT, GSMoT’s vendors, and their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys’ fees and court costs), arising out of or relating to your breach of these Terms or your access to or use of the Web Site. The foregoing indemnification obligation shall survive termination of these Terms and the Web Site and any product or service provided to you arising out of or relating to your use of the Web Site.
Except as otherwise expressly provided herein or in the GSMoT Privacy Statement posted on the Web Site, any communication or material you transmit to the Web Site by electronic mail or otherwise, including any questions, comments, suggestions, or the like, is and will be treated as non-confidential and non-proprietary and may be used by GSMoT, GSMoT vendors, or their affiliates or related entities for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, GSMoT, GSMoT vendors, and their affiliates and related entities are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Web Site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services using information contained in such communication, and you shall receive NO compensation for GSMoTs use thereof.
These Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by GSMoT of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any other provisions of the Terms. The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms.
GSMoT shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including but not limited to acts or omissions of third parties, unavailability of supplies, equipment failure, war, terrorism, strikes, lock-outs, fire, flood, or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.
Access to or use of the Web Site shall not be construed as GSMoT’s purposeful availment of the privilege or benefits of doing business in any state or legal jurisdiction other than the State of Texas, USA. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflicts of law provisions. Additionally, any claims brought against GSMoT shall be governed by and construed in accordance with the laws of the State of Texas. Sole and exclusive jurisdiction for any action or proceeding arising out of, or related to, this Agreement, use of this Web Site, or any orders placed or products purchased on or through the Web Site, shall be in the state or federal courts located in the State of Texas, USA.
Revised December 15, 2014