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Terms and Conditions Agreement between User and HighTideScuba.com Welcome to hightidescuba.com. The HighTideScuba.com website (the "Site") is comprised of various web pages operated by High Tide Scuba and Water Sports ("High Tide Scuba"). HighTideScuba.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of HighTideScuba.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. HighTideScuba.com is an E-Commerce Site. At High Tide Scuba, our main focus is on Scuba instruction and giving our students the most enjoyable dive training experience possible. We offer Scuba courses year-round throughout the Dallas, Fort Worth, Arlington, Burleson, and Mansfield areas. Whether you are ready to get your Open Water Diver certification or become a dive professional, we are ready to teach you. By the end of your course, you will have the confidence to perform the skills you learned safely and comfortably – and you will have a great time learning it all too! We offer a wide range of scuba courses from beginner to advanced, as well as many specialty courses to suit your diving interests We offer extremely flexible class schedules, small class sizes, and all-inclusive pricing We also offer private and semi-private courses for less than many other shops charge for large group classes. Not sure if Scuba is right for you, then try our Discover Scuba class. The class only takes about two hours and is conducted monthly Check out our calendar for upcoming class dates. Although we take great pride in our dive training, we are not just a dive training shop! We have an extensive service department Our trained technicians can perform visual and hydrostatic tank testing, regulator and BC service and repairs, and more! Here at High Tide Scuba, we carry a large variety of scuba gear in our retail shop, including cameras and accessories We believe an educated diver will make the best decision on what gear works best for their needs, therefore we never require a student to purchase gear before taking our courses We invite everyone to visit our shop You can have confidence in knowing you will be making a wise investment for your diving adventures. Interested in Rebreathers High Tide Scuba is setting the standard for Rebreather diving and training in North Texas We have a comprehensive training program for both the Horizon rebreather. Privacy High Tide Scuba respects and is committed to protecting all consumers' privacy. High Tide Scuba does not participate in selling any consumer information to any third parties. All personal information is strictly confidential and shared only with High Tide's financial institution for processing. High Tide Scuba maintains a strict No-Spam policy that means we do not sell, rent, or otherwise give your personal information to outside companies Electronic Communications Visiting hightidescuba.com or sending emails to High Tide Scuba constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, and on the Site, satisfy any legal requirement that such communications be in writing. Your Account If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that High Tide Scuba is not responsible for third-party access to your account that results from theft or misappropriation of your account. High Tide Scuba and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at our sole discretion. Children Under Thirteen High Tide Scuba does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use hightidescuba.com only with the permission of a parent or guardian. Cancellation/Refund Policy Within 30 days of purchase, you may return most items in new condition (unused) along with their original package and any accessories for a refund with a copy of your original receipt. Items that are used, not in original packaging, or otherwise not in new and sellable condition cannot be returned. Any merchandise that has been tampered with, customized, or shows any sign of use will not be eligible for return. Items that are specially ordered for an individual may not be returned once purchased. All credit card cancellations, chargebacks, and/ or refunds will be subject to a 5% transaction fee to cover bank fees. Course Cancellation/Reschedule policy All course fees are due at the time of the course registration. High Tide Scuba reserves the right to withhold any certification until all course fees are paid in full and all rental gear is returned. We accept cash, checks, and all major credit cards. There is a $20.00 service fee for all returned checks. Students who wish to drop out of a course they have signed up for must notify High Tide Scuba within 30 days of purchase. All courses are subject to a $45-course material fee once the course has been assigned. Once the student has begun in-person training no refunds shall be given. Any student who requires personalized instruction in order to complete the training must convert to a private course, and be subject to a $110 per session training fee per person. Our Scuba classes are performance-based. Any student who cannot complete his/her course for performance reasons is allowed to join the next scheduled class at no additional cost. No refunds are made for students who cannot meet the performance standards. Students must re-enroll and complete all training within a 12-month period. Youth Divers (under age 18) A parent or legal guardian must be onsite at all times during all pool and open water training. Minors not accompanied by a parent or legal guardian will not be admitted entry into Clear Springs Scuba Park. Certified Divers Scuba-certified family and friends may not accompany students during any confined water sessions. There are no exceptions to this policy. Travel Policy All deposits are non-refundable. Any cancellations after the final payment notice have been sent will not receive a refund or credit of any sort. Failure to make payment by the final payment posted date is subject to forfeiture of the spot and all funds previously paid. Air Filling Policy High Tide Scuba provides high-quality breathing air for scuba divers. We use premium air filters with in-line Carbon Monoxide monitoring to ensure high-quality breathing air. Our air quality is tested quarterly by an independent lab, and our test results are available upon request. High Tide Scuba will not fill any personally owned scuba cylinder when the cylinder’s visual or hydrostatic inspection has expired. High Tide Scuba also reserves the right to deny the filing of any personally owned Scuba cylinder when the Visual Inspection Program (VIP) sticker does not conform to industry standards, or the identity of the inspector cannot be verified. We will not fill any cylinder that: The manufactures stamped codes cannot be read; the valve has no pressure relief or burst disk; a burst disk that has been doubled or altered; has dents, bulges, line corrosion, pits, or heat discoloration. Nitrox Cylinders - Oxygen cleaning is not required for continuous blend mixes (32 percent). Any other custom blend requires that the cylinder be oxygen cleaned. We will not fill any customer cylinder when the O2 cleanliness of a cylinder cannot be verified. We do not “top off” partial pressure blends for customers’ cylinders. Cylinders that fail to pass hydrostatic testing are still subject to the posted fee. Links to Third Party Sites/Third Party Services hightidescuba.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of High Tide Scuba and High Tide Scuba is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. High Tide Scuba is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by High Tide Scuba of the site or any association with its operators. Certain services made available via hightidescuba.com are delivered by third-party sites and organizations. By using any product, service, or functionality originating from the hightidescuba.com domain, you hereby acknowledge and consent that High Tide Scuba may share such information and data with any third party with whom High Tide Scuba has a contractual relationship to provide the requested product, service or functionality on behalf of hightidescuba.com users and customers. No Unlawful or Prohibited Use/Intellectual Property You are granted a non-exclusive, non-transferable, revocable license to access and use HighTideScuba.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to High Tide Scuba that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of High Tide Scuba or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. High Tide Scuba content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of High Tide Scuba and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of High Tide Scuba or our licensors except as expressly authorized by these Terms. International Users The Service is controlled, operated, and administered by High Tide Scuba from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the High Tide Scuba Content accessed through hightidescuba.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations. Indemnification You agree to indemnify, defend and hold harmless High Tide Scuba, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. High Tide Scuba reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with High Tide Scuba in asserting any available defenses. Arbitration In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single, neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding, or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions. Class Action Waiver Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE, AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and High Tide Scuba agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. Liability Disclaimer THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HIGH TIDE SCUBA AND WATER SPORTS AND/OR THEIR SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE AT ANY TIME. HIGH TIDE SCUBA AND WATER SPORTS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. HIGH TIDE SCUBA AND WATER SPORTS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HIGH TIDE SCUBA AND WATER SPORTS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HIGH TIDE SCUBA AND WATER SPORTS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. Termination/Access Restriction High Tide Scuba reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and High Tide Scuba as a result of this agreement or use of the Site. High Tide Scuba's performance of this agreement is subject to existing laws and legal processes, and nothing contained in this agreement is in derogation of High Tide Scuba's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by High Tide Scuba with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and High Tide Scuba with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and High Tide Scuba with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English. Changes to Terms High Tide Scuba reserves the right, in its sole discretion, to change the Terms under which HighTideScuba.com is offered. The most current version of the Terms will supersede all previous versions. High Tide Scuba encourages you to periodically review the Terms to stay informed of our updates. Contact Us High Tide Scuba welcomes your questions or comments regarding the Terms: High Tide Scuba and Water Sports 1315 HWY 1187 N. Suite 101 Mansfield, Texas 76063 Email Address: kevin@hightidescuba.com Telephone number: 817-483-0376 Effective as of February 08, 2022