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DIRECTORY
March 25, 2010 11:52 AM Pacific (GMT -8)

TERMS OF SERVICE

Welcome to eScuba! By joining, you're agreeing to abide by the Terms of Service ("TOS") below. eScuba, Inc. ("eScuba") has adopted these TOS to protect you and ensure that eScuba is safe and fun for all of us. If you encounter another member who isn't following any of the TOS, please let us know.

  1. Acceptance of Terms
  2. Description of Service
  3. Registration Obligations
  4. Privacy Policy
  5. Member Name, Password and Security
  6. Member Conduct
  7. Public Content
  8. Third-Party Services
  9. Links
  10. Indemnity
  11. General Practices Regarding Use and Storage
  12. Termination
  13. eScuba's Proprietary Rights
  14. Disclaimer of Warranties
  15. Limitation of Liability
  16. Exclusions and Limitations
  17. Trademark and Service Mark Information
  18. Copyrights
  19. General Information

1. Acceptance of Terms
eScuba provides its service to you subject to these TOS, which we may modify from time to time without notice to you. You can review the most current version of these TOS at any time at http://www.escuba.com/corporate/service.asp?WCI=Service. From time to time, eScuba may post additional guidelines or rules applicable to specific content or events which supplement these TOS. All such guidelines or rules are hereby incorporated by reference into these TOS.

You may view portions of eScuba simply by visiting the eScuba.com Web site (the "Site"). However, in order to access the bulletin boards, chat rooms and other community features, or to list yourself in our dive buddy directory or get our free Web-based email service, you need to register as a member. Members and visitors are referred to collectively as "Users."

Please read these TOS carefully. By clicking on the "submit this form and sign me up!" button on the member registration form ("Submit Button") or otherwise accessing the Site or using any of the services provided on the Site, you agree to be bound by the terms and conditions of these TOS, and your continued access of the Site and/or use of such services constitute your acceptance of any additional or different terms and conditions added to these TOS in the future. If you do not accept all of the terms and conditions of these TOS, do not click on the Submit Button, and you will not be registered as a member of eScuba; however, your continued access to the Site and use of any non-member services constitutes your acceptance of those terms and conditions of these TOS relating to such access and use.

2. Description of Service
eScuba currently provides Users with access to a wide array of online resources, including various communication tools, online forums, personalized content and branded programming through its network of properties (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new eScuba properties, will be subject to these TOS. eScuba may modify or discontinue the Service, temporarily or permanently, with or without notice to you and without liability to you or any third party.

3. Registration Obligations
In consideration of your use of the Service, you agree to provide true, accurate, current and complete information about yourself in the Service's registration form, and to maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or eScuba has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, eScuba has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

4. Privacy Policy
Registration data and certain other information about you is subject to our Privacy Policy. For more information, please see our full privacy policy at http://www.escuba.com/corporate/privacy.asp?WCI=Privacy. We reserve the right to amend our Privacy Policy at any time.

5. Member Name, Password and Security
You will receive a member name and password upon completing the registration process. You are responsible for maintaining the confidentiality of your personal information and password, and you are solely responsible for all activities that occur under your member name or password.

You agree to immediately notify eScuba of any unauthorized use of your member name or password or any other breach of security that you become aware of, and you will ensure that you have signed off from your account at the end of each session. eScuba is not responsible or in any way liable for any loss or damage arising from your failure to comply with these requirements.

6. Member Conduct
You understand and agree that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted on the Site or privately transmitted using it, are the sole responsibility of the person or party from which such Content originated. This means that you, and not eScuba, are solely responsible for all Content that you upload, post, email or otherwise transmit via the Service. eScuba does not actively monitor the Content and does not guarantee the accuracy, integrity or quality of such Content.

You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. In addition you understand that when publicly posting or privately transmitting any Content on the Site, you must be careful to limit the type and amount of personally identifying information that you disclose. eScuba cannot and will not be liable in any way in connection with the resulting use of such information.

You acknowledge that eScuba does not pre-screen Content, but that eScuba and its designees will have the right, but not the obligation, in their sole discretion to refuse to post, store or transmit any Content, or to move, remove, edit or modify any Content as eScuba deems appropriate.

Any use by you of any other User's information, personal or otherwise, for any commercial purpose or to obtain direct financial gain (for example, by mass marketing) is prohibited. The Service is to be used by you for your personal use only. Commercial uses of the Service are strictly prohibited unless prior written consent from eScuba has been granted.

You agree that you will not use the Site and/or the Service to:

(a.) upload, post, email or otherwise store or transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

(b.) impersonate any person or entity including, without limitation, any eScuba employee, agent, or affiliate, or falsely state or otherwise misrepresent your affiliation with any person or entity;

(c.) upload, post, email or otherwise store or transmit any Content that you do not have a right to collect, use, store or transmit under any law or under any contractual or fiduciary relationships (including, without limitation, inside, proprietary and confidential information learned or disclosed as part of employment or fiduciary relationships or under nondisclosure agreements);

(d.) upload, post, email or otherwise store or transmit any Content that infringes any patent rights, trademark rights, trade secret rights, copyrights and all other intellectual and industrial property rights of any kind anywhere in the world of any third party;

(e.) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

(f.) upload, post, email or otherwise store or transmit any Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(g.) interfere with or disrupt the Site, the Service or any servers or networks connected to the Site or used with the Service, or disobey any requirements, procedures, policies or regulations of any networks connected to the Site or used with the Service;

(h.) violate any applicable local, state, national or international law including, without limitation, applicable state and federal lending and mortgage related laws and regulations, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, and any other regulations having the force of law;

(i) distribute or send any illegal material of any kind, including, but not limited to, illegal material in the form of text, graphics, video, programs or audio; or

(j.) collect or store personal data about other Users, 'stalk' or otherwise harass another person, or harm minors in any way.

In appreciation of the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. You specifically agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

7. Public Content
For purposes of these TOS, "publicly accessible areas of the Service" are those areas generally accessible to eScuba's Users. By way of example, a publicly accessible area of the Service would include public eScuba community groups but would not include private eScuba community groups or private eScuba communication services such as eScuba email and instant messaging services.

With respect to Content that you elect to post for inclusion in public eScuba community groups or that consists of photos or other graphics you elect to post to any other publicly accessible area of the Service, you grant eScuba the worldwide, royalty-free, fully paid-up, perpetual, non-exclusive right and license to reproduce, modify, adapt, publicly perform and display, create derivative works of, and publish such Content (in whole or in part) on the Site and through the Service solely for the purpose of displaying, distributing and promoting the Site or the Service.

With respect to all other Content that you elect to post to other publicly accessible areas of the Service, you grant eScuba the royalty-free, perpetual, irrevocable, non-exclusive, worldwide and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or in part) and/or to incorporate it in other works in any form, media, or technology now known or later developed.

Anything contained herein to the contrary notwithstanding, by submitting Content to any contests on the Service, you hereby expressly permit eScuba to identify you by your member name as the contributor of such Content to the contest in any publication in any form, media or technology now known or later developed in connection with the Content, unless you otherwise notify eScuba in writing at the time you submit the Content that you do not wish to be identified in this manner.

8. Third-Party Services
You may order goods or services through the Site or using the Service from third parties not affiliated with eScuba. Your correspondence or business dealings with, or participation in promotions of, such third parties, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that eScuba will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Service, and you agree to indemnify and hold eScuba harmless form any such damages or liabilities.

eScuba and/or third parties may, from time to time, send email messages to you containing advertisements, promotions, etc. eScuba makes no representation or warranty with respect to the content of any such email messages or any goods or services which may be obtained from such third parties, and you agree that eScuba will not have any responsibility with respect thereto.

9. Links
The Service may provide, or third parties may provide, links to other Web sites or resources. eScuba has no control over such sites and resources, and you acknowledge and agree that eScuba is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources, or for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services.

10. Indemnity
You agree to indemnify and hold eScuba and its subsidiaries, affiliates, officers, employees, agents, co-branders and other partners, harmless from any third party loss, liability, claim, damage, and expenses, including reasonable attorneys' fees, due to or arising out of (i) your violation of any term or condition of these TOS, (ii) any transaction entered into between you and any third party, (iii) your violation of any rights of another, or (iv) your participation in any way in the sports of skin and scuba diving and all related activities.

11. General Practices Regarding Use and Storage
You acknowledge that eScuba may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message or bulletin board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on eScuba's or its suppliers' servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that eScuba has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that eScuba reserves the right to log off or sign out accounts that are inactive for an extended period of time. You further acknowledge that eScuba reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

12. Termination
You agree that eScuba, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason and without notice or liability to you or any third party including, without limitation, for lack of use or if eScuba believes that you have violated or acted inconsistently with the letter or spirit of these TOS. Termination of this Agreement will not relieve you of any liabilities or obligations accrued on or before the date of termination, or limit any other remedies available to eScuba arising out of your breach of these TOS. Your indemnification obligations will continue after any termination.

13. eScuba's Proprietary Rights
For the purposes of this Section 13, the term "eScuba Content" means all Content on the Site, excluding Content that you provide to eScuba for use in any way on the Site. You acknowledge and agree that the Service and any software used in connection with the Site ("Software") contain proprietary and confidential information that is protected by intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information made available to you on the Site or through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You agree that eScuba and its licensors own all right, title and interest in the Site, the Service, the Software and the Content on the Site (subject to your rights in Content that you provide to eScuba for use in any way on the Site) and, except as expressly authorized by eScuba (or its advertisers and licensors, as applicable), you agree not to reproduce, modify, rent, lease, loan, sell, perform, link, display, distribute, create derivative works based on, or otherwise exploit in any way any portion of the Site, the Service, the eScuba Content or the Software (or access to the foregoing), in whole or in part. You may only make a single copy of the eScuba Content displayed on the Site solely for your personal use, provided that you do not remove any trademarks, copyright notices or any other notice contained in such eScuba Content and that you do not perform, display, distribute in any way or otherwise make available such eScuba Content to any third party, without the prior written consent of eScuba.

14. Disclaimer of Warranties
The Content provided on the Site and through the use of the Service (including, without limitation, information in eScuba bulletin boards, articles, and trivia questions) comes from a variety of sources. eScuba does not represent or endorse the accuracy, timeliness, reliability, completeness, effectiveness or use of any such Content, nor the quality of any products, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Site or the Service (the "Products"). Any reliance upon such Content or Products shall be at your sole risk.

eScuba is not responsible for any health problems, accidents or personal injuries that may directly or indirectly result from your (i) use of the Service or any Content provided on the Site, (ii) use of Products, or (iii) participation in any event or activity described, scheduled, reserved or otherwise announced on the Site or through the Service. You agree to consult a physician to assess the health risks attendant to your participation in any such activity, and you are solely responsible to ascertain and independently verify the information that you (and your physician) rely on to assess the health, safety and other risks attendant to your participation in any such event or activity. You understand that eScuba does not screen, qualify, monitor, verify or approve any "dive buddy" information submitted through the Site, and that you are solely responsible to determine and verify the qualifications of any person that you choose to dive with. Reliance on any Content and Products (including, without limitation, information, services, and products concerning the certification, safety, health risks and other risks associated with scuba diving) for such purposes is at your sole risk. By using the Service or any of the Content or Products provided on or through this Site, you agree to indemnify and hold eScuba (and its subsidiaries, affiliates, officers, employees, agents, co-branders and other partners) harmless from any third party loss, liability, claim, damage, and expenses (including reasonable attorneys' fees) due to or arising out of such use, or otherwise resulting from your negligence or misconduct.

You acknowledge that when you choose to list yourself as a dive buddy, we will make your email address, age, sex, scuba diving certification level, skill level, and interests, as well as any comments you wish to add available to other Users. You understand that eScuba cannot be responsible for the use of such information by other Users and agree that placing yourself on the buddy list, disclosing additional personal information in the comments section, and entering into any subsequent communication or activity with other Users is done at your sole risk. As with any such communication with people unknown to you through the Internet, you must be careful and exercise caution.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a. YOUR USE OF THE SITE AND THE SERVICE IS AT YOUR SOLE RISK. THE SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ESCUBA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

b. ESCUBA MAKES NO WARRANTY THAT (I) THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU ON THE SITE OR THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN ANY SOFTWARE ON THE SITE OR USED IN CONNECTION WITH THE SERVICE WILL BE CORRECTED.

c. ESCUBA IS NOT RESPONSIBLE AND WILL HAVE NO LIABILITY FOR (I) HARDWARE, SOFTWARE, OTHER ITEMS OR ANY SERVICES PROVIDED BY ANY PERSONS OR ENTITIES OTHER THAN ESCUBA, (II) FAILURES OF THE INTERNET OR ANY DATA OR TELECOMMUNICATIONS EQUIPMENT, SYSTEM OR NETWORK USED IN CONNECTION WITH THE SITE OR THE SERVICE, (III) ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY MATERIAL AVAILABLE ON THE SITE OF THROUGH THE SERVICE, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR ACCOUNT, COMMUNICATIONS, TRANSMISSIONS, CONTENT OR DATA, (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR THE SERVICE.

d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU ON THE SITE OR THROUGH THE SERVICE SHALL CREATE ANY REPRESENTATION OR WARRANTY BY ESCUBA NOT EXPRESSLY STATED IN THESE TOS.

15. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ESCUBA, ITS PARTNERS AND AFFILIATES WILL NOT BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THESE TOS UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR (I) ANY AMOUNT IN EXCESS IN THE AGGREGATE OF THE FEE PAID BY YOU FOR THE SERVICE, IF ANY, DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT ANY CLAIM ARISES OR, IF LESS, OF ONE THOUSAND ($1,000) US DOLLARS, (II) ANY LOST DATA OR OTHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ESCUBA, ITS PARTNERS AND AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (III) THE COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY.

16. Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 14 AND 15 MAY NOT APPLY TO YOU.

17. Trademark and Service Mark Information
eScuba, eScuba.com, the eScuba logo, My eScuba, Bonnie's Bookshelf, and other eScuba logos and product and service names are service marks of eScuba, Inc. (the "eScuba Marks"). Other brands, company names, product names and logos on the Site are also trademarks or service marks of eScuba, its partners and licensors. The use of any eScuba Mark or any eScuba partner or licensor trademark or service mark without eScuba's (or the appropriate owner's) express written consent is strictly prohibited.

18. Copyrights
eScuba respects the intellectual property of others, and we ask our users to do the same. If you believe your work has been copied in a way that constitutes copyright infringement, please use the following process to notify us.

All claims of copyright infringement should be in writing and should be directed to eScuba's designated agent at the following address, fax number or email address:

Ruby Sabounchi
Senior Manager
30308 Esperanza,
Rancho Santa Margarita, California 92688
USA
Phone: 949.459.9400
Fax: 949.459.9900
email: copyrights@escuba.com

Each claim of copyright infringement must include all of the following:

1.) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

2.) Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single Web site are covered by a single claim, a representative list of such works at that Web site.

3.) 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 eScuba to locate the material.

4.) Information reasonably sufficient to permit eScuba to contact the complaining party, such as an address, telephone number, and if available, an email address at which the complaining party may be contacted.

5.) A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

6.) A statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please note that it is eScuba's policy to terminate, under appropriate circumstances, the account of any User who repeatedly infringes the copyrights of others.

19. General Information
These TOS constitute the entire agreement between you and eScuba and govern your use of the Service, superceding any prior agreements between you and eScuba. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Notices to you may be made available via either email or regular mail, and the Service may also provide notices of changes to these TOS or other matters by displaying notices or links to notices to you generally on the Service. These TOS and the relationship between you and eScuba shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and eScuba agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Orange, California. The failure of eScuba to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision. If any provision of these TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these TOS are for convenience only and have no legal or contractual effect.

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