Terms of Service

Fin Life Diving LLC. (including its various affiliates and subsidiaries, "FinLifeDiving") provides a collection of tools and resources to manage dive travel, process orders and sell products online and other services (collectively, the "Services"). The following are the terms and conditions for use of the Services (the "Terms"), along with any amendments thereto and any operating rules or policies that may be published from time to time by FinLifeDiving. You agree that you have read and understand, and have the capacity and authority to accept, agree to and be bound by these Terms.

Service and Terms
1. The Services are provided subject to these Terms and any operating rules or policies that FinLifeDiving may publish from time to time (collectively, the "Agreement"). FinLifeDiving may make changes or modifications to this Agreement at any time, and such changes or modifications are effective immediately upon the earliest of (a) FinLifeDiving’s email notification to you advising you of such changes or modifications, (b) your electronic acceptance of this Agreement after such changes or modifications have been made to this Agreement as indicated by the "Date of Last Revision" date at the top of the Terms, or (c) your continued use of the Services after FinLifeDiving posts the updated Agreement to FinLifeDiving.com. In addition, when using particular FinLifeDiving services, Customer and FinLifeDiving will be subject to any posted guidelines or rules applicable to such Services that may be posted from time to time.
2. The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you do not qualify, please do not use the Services.
3. The Services provides a collection of tools and resources to manage dive travel, process orders and sell products online.
4. Customer must complete a registration form in order to use the Services. Customer will provide true, accurate, current, and complete information about Customer as requested in the registration form, and will update the information to keep it current. As part of the registration process, Customer will identify an email address and password for Customer's FinLifeDiving account. Customer is responsible for maintaining the security of Customer's account, passwords, and files, and for all uses of Customer's account and of the Services in Customer's name. FinLifeDiving reserves the right to refuse registration of, or cancel, accounts it deems inappropriate.
Restrictions and Responsibilities
1. This is an Agreement for Services, and Customer is not granted a license to any software by this Agreement. Customer will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of or included in the Services or any software, documentation or data related to the Services ("Software"); modify, translate or create derivative works based on the Services or any Software; or copy (except for archival purposes), distribute, pledge, assign or otherwise transfer or encumber rights to the Services or any Software; or remove any proprietary notices or labels.
2. Customer represents, covenants, and warrants that Customer will use the Services only in compliance with these Terms, FinLifeDiving's published privacy policies or otherwise furnished to Customer (the "Privacy Policy") and all applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation). Customer may not access or otherwise use third party mailing lists in connection with preparing or distributing unsolicited email to any third party. Customer hereby agrees to indemnify and hold harmless FinLifeDiving and its Content Providers and the respective directors, officers, employees and agents of each against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that arises from an alleged violation of the foregoing. Although FinLifeDiving has no obligation to monitor the content provided by Customer or Customer’s use of the Services, FinLifeDiving may do so and may remove any such content or prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing.
3. For every email message sent in connection with the Services, Customer acknowledges and agrees that the recipient has agreed to receive such communication and that Customer will not engage in the act of sending unsolicited emails.
4. In using the varied features of the Services, Customer may provide information (such as name, contact information, or other registration information) to FinLifeDiving. FinLifeDiving may use this information and any technical information about Customer's use of this website to tailor its presentations to Customer, facilitate Customer's movement through this website, or communicate separately with Customer. FinLifeDiving will not provide information to companies Customer has not authorized, and FinLifeDiving will not authorize the companies that get such information to sell and redistribute it without Customer’s prior consent.
5. Customer acknowledges and agrees that: (a) the Services including without limitation, any modifications, enhancements and updates, and any originals and copies thereof, in whole or in part, and all intellectual property rights therein (collectively, "Proprietary Information") are owned by FinLifeDiving and/or its third party sponsors, partners, and other co-branders (collectively, "Content Providers"), (b) the Proprietary Information contains valuable copyrighted material and is protected by U.S. and international copyright and other intellectual property laws, (c) the Proprietary Information is licensed, rather than sold, to Customer pursuant to these Terms, and (d) Customer has no rights in the Proprietary Information, other than the rights and licenses granted to Customer herein.
6. FinLifeDiving Trademarks. "FinLifeDiving" and our logos (both words and design) either are trademarks, service marks, or registered trademarks of FinLifeDiving or its Content Providers, and may not be copied, imitated or used, in whole or in part without FinLifeDiving's prior express written consent or that of our Content Providers. In addition, all page headers, custom graphics, design and user interface elements, and scripts are service marks, trademarks, and/or trade dress of FinLifeDiving and may not be copied, imitated, or used, in whole or in part without our prior written permission, which consent may be withheld in our sole discretion. All other marks or logos not owned by FinLifeDiving are the property of their respective owners.
7. Reservation of Rights. Except for the rights expressly granted to Customer pursuant to these Services, Customer acknowledges that it has no right, title or interest in or to this website, the Services or Proprietary Information. All rights not expressly granted by FinLifeDiving in these Terms are hereby reserved by FinLifeDiving. There are no implied rights.
Term and Termination
1. Customer may terminate this Agreement at any time.
2. FinLifeDiving may terminate this Agreement or the Services at any time with or without cause, and with or without notice. FinLifeDiving will have no liability to Customer or any third party because of such termination.
3. Upon termination or expiration of this Agreement by either party for any reason, (a) FinLifeDiving will cease providing the Services, (b) you will not be entitled to any refunds of any usage fees or any other fees, pro rata or otherwise and (c) any outstanding balance owed to FinLifeDiving for your usage of the Services through the effective date of such termination or expiration will immediately become due and payable in full. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, warranty disclaimers and limitations of liability.
4. Upon termination or expiration of this Agreement by either party for any reason, FinLifeDiving may delete any Customer archived data within 30 days after the date of termination.
Customer Submissions
1. Customer Content. Some of the features of this website or the Services found at this website may allow Customer to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, feedback or advice ("Customer Feedback"), or (b) literary, artistic or other content, including but not limited to photos and videos ("Customer Submissions") (Customer Feedback together with Customer Submissions, "Customer Content"). By providing Customer Content to FinLifeDiving via any method (e.g. site submission, email, survey responses, etc.), Customer represents and warrants to FinLifeDiving that (i) Customer has all necessary rights to distribute Customer Content via this website or via the Services found at this website, either because Customer is the author of the Customer Content and has the right to distribute the same, or because Customer has the appropriate distribution rights, licenses and/or permissions to use, in writing, from the copyright or other owner of the Customer Content, and (ii) Customer does not violate the rights of any third party.
2. License to FinLifeDiving. FinLifeDiving will have the right to use and disclose any Customer Content posted to FinLifeDiving's corporate websites or submitted directly to FinLifeDiving for any lawful purpose. In no event will Customer or anyone else be entitled to any compensation or acknowledgement for FinLifeDiving's use of any Customer Content. Customer's provision of Customer Content is entirely voluntary and will not create any confidentiality obligation for FinLifeDiving. By submitting Customer Content, Customer hereby grants FinLifeDiving an irrevocable, perpetual, transferable, non-exclusive, fully-paid-up, royalty-free, worldwide license (sub-licensable through multiple tiers) to: (a) use, copy, distribute, reproduce, modify, create derivative works of, adapt, publish, translate, publicly perform, and publicly display Customer Content (or any modification thereto), in whole or in part, in any format, medium or application now known or later developed, and (b) use (and permit others to use) Customer Content in any manner and for any purpose (including, but not limited to, commercial purposes) that FinLifeDiving deems appropriate in its sole discretion (including, but not limited to, to incorporating Customer Content (or any modification thereto), in whole or in part, into any technology, product or service. The provisions in this Section apply specifically to FinLifeDiving's use of Customer Content posted to FinLifeDiving's corporate websites or submitted directly to FinLifeDiving. The provisions in this Section are not intended to and do not have the effect of transferring any ownership (including intellectual property rights) Customer may have in content posted to Customer's hosted sites or granting any license (including intellectual property rights) to content posted to Customer's hosted sites (other than as necessary for FinLifeDiving to host Customer's sites and provide the Services). Customer will be solely responsible for any and all of the Customer Content that is submitted through Customer’s account, and the consequences of, and requirements for, distributing it.
3. FinLifeDiving makes no representations or warranties with respect to any forums, blogs, private messages, emails, or other electronic discussion mediums made available on or via the Services (collectively, " Discussion Areas") or with respect to any messages, information, or materials contained in the Discussion Areas. Customer's use of, or reliance upon, any such messages, information, or materials is at Customer's sole risk and expense. FinLifeDiving does not, and cannot, review all of the information and materials provided in the Discussion Areas and has no responsibility or liability for any such information or materials or their use. If FinLifeDiving becomes aware of any information or materials that it determines violate these Terms or the Discussion Areas' policies promulgated by FinLifeDiving from time to time or that FinLifeDiving otherwise deems inappropriate in its sole discretion, FinLifeDiving reserves the right to delete, move, or edit any such information or materials.
Fees and Payment; Cancellation of Services
1. Fees. In consideration of the Services provided, Customer will pay FinLifeDiving all fees due according to the prices and terms listed on this website. FinLifeDiving reserves the right to modify its pricing and terms at any time, and such changes or modifications will be posted on this website and effective immediately upon the next renewal, billing period, upgrade or downgrade of the Services with and/or without notice to Customer.
2. Deposits . All requests for bookings must be made through FinLifeDiving’s representatives. No reservations are confirmed until proper payment is received according to the to the Terms and Conditions herein. FinLifeDiving. requires a minimum per person to secure a reservation; however, some packages require additional deposits, which will be quoted at the time of booking. Any payment of a deposit constitutes a full acceptance of the Terms & Conditions specified Herein. Additionally, any required deposits must be received within (7) seven calendar days after reservation is made. All deposits are NON-REFUNDABLE. FinLifeDiving shall have no obligation and provide no confirmation of any reservation until the deposit is actually received. Any changes or deviations to land/dive package after deposit is made will be subject to a $25.00 service charge for each change made. Any changes after air tickets have been purchased are subject to applicable airline rules and policies.
3. Payment. A valid credit card is required for accounts to process payment. FinLifeDiving will automatically charge Customer's credit card on file based on Customer's purchases and Services. All payments and deposits must be payable in U.S. currency and checks must be drawn on U.S. banks made payable to FinLifeDiving solely. The balance of any payment must be made to FinLifeDiving no later than (60) sixty calendar days prior to the arrival at the designated destination. If payment and/or deposit are made with a credit card and/or Debit Card I fully authorize these charges for the deposit and/or any payments made. Any monies paid within (30) days of the travel departure date for late bookings must be certified or cashier’s check or bank wire draft transferred directly to FinLifeDiving's bank
4. Disputed Charges/Billing Inquiries. It is Customer's obligation to review all charges for accuracy. Customer has 30 days from the date of billing to contact FinLifeDiving and/or dispute the charge. Failure to do so within the specified time frame will constitute Customer's agreement that all charges are valid and Customer thereby waives any claims it may have had regarding such charge.
5. Cancellations. All deposits are NON-REFUNDABLE. No refunds are given within 60 days for any reason. Additionally groups who cancel 50% of held space 60 days or less prior to departure will be held liable for (3) night’s cancellation penalty per room. Any unused portions of hotel and/or package plans are non-transferable and non-refundable. Airfares used in conjunction with standard rate and package plans and special tour or bulk airfares are subject to some restrictions that may apply. The purchase of trip cancellation and interruption protection along with accident and baggage insurance is strongly recommended by FinLifeDiving.
6. Refund Policy Subject to refund policy of the said resort and chosen dive operator. FinLifeDiving has no control over said written refund policies.
7. Proof of Citizenship / VISA Citizenship and VISA requirements vary according to destination. All participants are responsible for determine and obtaining proper documentation. To avoid denied entry and return all Passports must be valid for at least 6 months after your travel return date. FinLifeDiving in no way is responsible for obtaining and providing this documentation and therefore, no refunds will be granted for denied entry caused by failure to carry proof of citizenship or the appropriate VISA and/or Passport.
8. Acknowledgements In consideration of services provided and other good and valuable consideration, the undersigned, hereby acknowledges and affirms that FinLifeDiving, its agents, servants and employees, are acting solely in its capacity as an agent in arranging and securing certain transportation, hotel, travel packages and other associated travel services for the undersigned. The participant further acknowledges and affirms that he/she understands that it is his/her sole responsibility to obtain any required travel documents (passport/visas) and/or immunizations to insure proper and safe transit and travel to certain destinations. Purchaser/customer further acknowledges and affirms that due to the present state of global and political unrest and terrorism, FinLifeDiving does not, and can not, attest to, warrant or guarantee the safety of the undersigned during travel or transit to any destination or country, especially those which have, or are presently the subject of a United States Department of State’s Travel Warning. The participant further acknowledges that personal and property safety while in transit and during travel is his/her sole responsibility and not that of FinLifeDiving, and that FinLifeDiving is not liable to participant, or the participant's heirs and/or beneficiaries, for any entity’s failure to perform or provide service; theft, loss or damage to the participant's property; or, inconvenience, emotional or physical distress, illness, injury or death for any, weather condition, pilferage, mechanical failure, cancellation, delay, rerouting, strike, coup, political unrest, terrorism, conflict, war or acts of GOD. The participant acknowledges and understands that in the event it becomes necessary to alter arrangements or itineraries, FinLifeDiving may do so at no expense to FinLifeDiving and all increases or changes to be borne by the purchaser/customer. FinLifeDiving reserves the right to withdraw or cancel any travel, or travel packages at any time and to decline, accept or retain business from any participant/purchaser/customer.
Prohibited Practices
1. Prohibited Offerings. Customer may not utilize the Services to provide, sell or offer to sell the following: replicas; controlled substances; illegal drugs and drug contraband; weapons; pirated materials; instructions on making, assembling or obtaining illegal goods or weapons to attack others; information used to violate the copyright(s) of, violate the trademark(s) of or to destroy others' intellectual property or information; information used to illegally harm any people or animals; pornography, nudity, sexual products, programs or services; escort services or other content deemed adult related.
2. Private Information and Images. Customers may not post or disclose any personal or private information about or images of children or any third party without the consent of such party (or a parent's consent in the case of a minor).
3. Violations of Intellectual Property Rights. Any violation of any person's or entity's intellectual property rights, rights of privacy, rights of publicity or other personal rights is prohibited. FinLifeDiving may remove or block access to content appearing on or through the Services upon receipt of proper notice of copyright infringement (see "Reporting Claims of Copyright Infringement" below).
4. Misrepresentation of Transmission Information. Forging, misrepresenting, omitting, or deleting message headers, return mailing information and/or Internet protocol addresses to conceal or misidentify the origin of a message is prohibited.
5. Viruses and Other Destructive Activities. Use of the Services for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for Customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use the Services (or any connected network, system, service or equipment) or conduct their business over the Internet.
6. Hacking. "Hacking" and related activities are prohibited. "Hacking" includes, but is not limited to, the following activities: illegally or without authorization, accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans, and other activities designed to assist in hacking.
7. Anonymous Proxies. FinLifeDiving does not allow the use of anonymous proxy scripts on its servers. They can be very abusive to the server resources, affecting all users on that server. Customer will not access or copy any portion of the Services through any automated viewing, downloading or crawling systems.
8. Child Pornography. The use of the Services to store, post, display, transmit, sell, advertise or otherwise make available child pornography is prohibited. FinLifeDiving is required by law to, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, the Services.
9. Other Illegal Activities. The use of the Services to engage in any activity that is determined by FinLifeDiving, in its sole and absolute discretion, to be illegal is prohibited. Such illegal activities include, but are not limited to, storing, posting, displaying, transmitting, selling or otherwise making available ponzi or pyramid schemes, fraudulently charging credit cards or displaying credit card information of third parties without their consent, and failure to comply with applicable online privacy laws. FinLifeDiving will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the Services.
10. Other Activities. This list of prohibitions provides examples of prohibited conduct, and is not intended to be a complete or exclusive list of all prohibitions. Engaging in any activity that, in FinLifeDiving's sole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with, or be harmful to) the Services, FinLifeDiving's business, operations, reputation, goodwill, customers and/or customer relations, or the ability of FinLifeDiving's customers to effectively use the Services is prohibited. Such prohibited activities include making available any program, product or service that is designed to or could be used to violate these Terms. In addition, the failure of Customer to cooperate with FinLifeDiving in correcting or preventing violations of these Terms by, or that result from the activity of, a customer, patron, subscriber, invitee, visitor, or guest of Customer constitutes a violation of these Terms by Customer. Without limiting the rights and remedies available to it, FinLifeDiving reserves the right in its sole discretion, to suspend or terminate Customer's access to its account and the Services, with or without notice, and to take any other action that FinLifeDiving determines in its sole discretion is necessary as a result of any behavior by Customer that is illegal, inappropriate, disruptive to this website, the Services, or to any other user of this website or the Services, or which otherwise breaches these Terms. FinLifeDiving may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required, or otherwise in FinLifeDiving's sole discretion, FinLifeDiving will cooperate with law enforcement agencies in any investigation of alleged illegal activity conducted using this website or the Services. These prohibitions do not require FinLifeDiving to monitor, police, remove or reject any Customer Content or other information submitted by Customer or any other user.
Backup Storage
1. FinLifeDiving offers its Services to host ecommerce websites, not to store data. Using an account as an online storage space for archiving electronic files is prohibited and will result in termination of Services without prior notice. For its own operational efficiencies and purposes, FinLifeDiving from time to time backs up data on its servers, but is under no obligation or duty to Customer to do so under these Terms. IT IS SOLELY CUSTOMER'S DUTY AND RESPONSIBILITY TO SEPARATELY BACKUP CUSTOMER’S FILES AND DATA WHICH MAY RESIDE ON FINLIFEDIVING SERVERS. UNDER NO CIRCUMSTANCES WILL FINLIFEDIVING BE LIABLE TO ANYONE FOR DAMAGES OF ANY KIND UNDER ANY LEGAL THEORY FOR LOSS OF CUSTOMER’S FILES AND/OR DATA ON ANY FINLIFEDIVING SERVER.
Copyright Infringement
1. Reporting Claims of Copyright Infringement. FinLifeDiving will respond to notices of copyright infringement that comply with applicable law. If a copyright holder believes that there has been a violation of his/her copyright on a site that is hosted by FinLifeDiving or a FinLifeDiving subsidiary, the copyright holder may request that FinLifeDiving remove or disable the material by submitting written notification to our Copyright Agent (designated below).
2. Copyright Counter-Notifications. If Customer believes that it has had material removed or disabled by mistake or misidentification, Customer may file a counter-notification with FinLifeDiving by submitting written notification.
3. Repeat Infringers. It is FinLifeDiving's policy in appropriate circumstances to disable and/or terminate the accounts of Customers who repeatedly infringe copyrights.
Miscellaneous
1. WARRANTY DISCLAIMER. CUSTOMER SPECIFICALLY ACKNOWLEDGES AND AGREES THAT ITS USE OF THIS WEBSITE AND THE SERVICES FOUND AT THIS WEBSITE WILL BE AT ITS OWN RISK AND THAT THIS WEBSITE AND THE SERVICES FOUND AT THIS WEBSITE ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS". FINLIFEDIVING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES, CONDITIONS AND REPRESENTATIONS OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FINLIFEDIVING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO WARRANTIES, CONDITIONS OR REPRESENTATIONS ABOUT (A) THE ABILITY OF THE SERVICES OR SOFTWARE TO PERFORM WITHOUT LIMITATION OR RESTRICTION IN ANY GIVEN ENVIRONMENT, (B) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS WEBSITE OR THE SERVICES OR SOFTWARE, (C) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS WEBSITE, AND/OR (D)) THE SERVICES FOUND AT THIS WEBSITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS WEBSITE, AND FINLIFEDIVING ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.
  
  IN ADDITION, CUSTOMER SPECIFICALLY ACKNOWLEDGES AND AGREES THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY FINLIFEDIVING, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), WHETHER DIRECTLY OR INDIRECTLY, WILL (A) CONSTITUTE PERSONAL, LEGAL OR FINANCIAL ADVICE OR (B) CREATE A WARRANTY, CONDITION OR REPRESENTATION OF ANY KIND WITH RESPECT TO THIS WEBSITE OR THE SERVICES FOUND AT THIS WEBSITE. CUSTOMER SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE, AND CUSTOMER SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO ITS SITUATION.
  
  THE FOREGOING DISCLAIMER OF REPRESENTATIONS, CONDITIONS AND WARRANTIES WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR CUSTOMER’S USE OF THIS WEBSITE OR THE SERVICES FOUND AT THIS WEBSITE.
2. LIMITATION OF LIABILITY. FINLIFEDIVING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS ASSUME NO RESPONSIBILITY WITH RESPECT TO CUSTOMER’S OR ITS END USER'S USE OF THE SERVICES AND WILL NOT BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXTRAORDINARY, EXEMPLARY OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, BUSINESS INTERRUPTIONS, LOSS OF DATA, LOSS OF PROFITS, AND LOST REVENUE, WHETHER SUCH DAMAGES ARE ALLEGED IN TORT, CONTRACT OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT FINLIFEDIVING IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. FINLIFEDIVING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL IN NO EVENT BE LIABLE IN AGGREGATE FOR MORE THAN THE TOTAL FEES ACTUALLY RECEIVED BY FINLIFEDIVING FROM CUSTOMER FOR THE SERVICES DURING THE 12-MONTH PERIOD BEFORE THE CLAIM OR CAUSE OF ACTION AROSE. MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION.
  
  IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS WEBSITE OR THE SERVICES FOUND AT THIS WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION WILL BE PERMANENTLY BARRED.
3. Indemnification of FinLifeDiving. Customer agrees to defend, indemnify and hold FinLifeDiving and its Content Providers and the respective directors, officers, employees and agents of each harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys' fees and court costs) arising out of or relating to Customer's breach of any of these Terms or use by Customer or any third party (authorized, permitted or enabled by Customer) of the Services, except to the extent the foregoing directly result from FinLifeDiving's own gross negligence or willful misconduct. FinLifeDiving reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Customer. THIS FOREGOING INDEMNIFICATION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR CUSTOMER'S USE OF THIS WEBSITE OR THE SERVICES FOUND AT THIS WEBSITE.
4. Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
5. Waiver. The failure of FinLifeDiving to exercise or enforce any right or provision of these Terms or this Agreement will not constitute a waiver of such right or provision.
6. Entire Agreement. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. The section headings and titles in these Terms and this Agreement are for convenience only and have no legal or contractual effect. These Terms and this Agreement will be interpreted without application of any strict construction in favor of or against Customer or FinLifeDiving.
7. Independent Contractors. No agency, partnership, joint venture or employment is created as a result of this Agreement, and Customer does not have any authority of any kind to bind FinLifeDiving in any respect whatsoever.
8. Attorneys' Fees. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover its costs and attorneys' fees.
9. Force Majeure. FinLifeDiving will have no liability to Customer or any third party for any failure by FinLifeDiving to perform its obligations under these Terms in the event that such non-performance arises as a result of the occurrence of an event beyond the reasonable control of FinLifeDiving, including without limitation an act of war or terrorism, natural disaster, failure of electricity supply, riot, civil disorder, or civil commotion or other event of force majeure
10. Additional Service Specific Terms
  1. Third Party Services, Websites, Links and Information. FinLifeDiving or its personnel may from time to time recommend or enable third party software, products, services or website links for Customer’s consideration or use. Such software, products, services, and links are provided only as a convenience to customers of the Services. Some of the Services made available through this website may be subject to additional third party licensing terms or third party terms of use, including the ones posted here and incorporated herein by reference. Inclusion of any of the foregoing in the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with FinLifeDiving with respect to any third party, any third party's website or its content, or any information, products, or services provided by a third party.
    
    These Terms and the Privacy Policy do not apply to such third party websites, and Customer should review such third party websites' privacy policies, terms and conditions and business practices as they may be different than FinLifeDiving's Terms and it is Customer's sole responsibility to comply with such third party terms. Access to any other website is at Customer's own risk, and Customer's dealings and communications with any third party in connection with such third party’s website are solely between Customer and such third party.
    
    FINLIFEDIVING MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THIRD PARTY SOFTWARE, PRODUCTS OR SERVICES AND WILL NOT BE LIABLE FOR ANY SOFTWARE, PRODUCTS OR SERVICES CUSTOMER RECEIVES FROM THIRD PARTIES
Assumption of Risks
1. The participant hereby acknowledges that if he/she engages in group tours, canoeing, kayaking, biking, snorkeling, scuba diving, sky diving, bungee jumping and like activities or borrows, rents, or purchases equipment for such activities, including but not limited to automobiles, bikes and motorcycles, canoes, kayaks, parachutes, bungee ropes and snorkeling/scuba gear do so at their own risk and acknowledge by participating that they possess the requisite physical and mental health, and training/license/certification to engage in such activity.
Waiver and Release of Liability
1. In the absence of gross negligence, in consideration of services rendered and other valuable consideration, the participant, his/her heirs, beneficiaries, executors, administrators, employers, agents, representatives, insurers and attorneys, to the fullest extent allowed by law do hereby release and discharge FinLifeDiving, its owners, officers, shareholders, employees, and agents from any and all claims and causes of action for personal property damage or loss, personal medical or hospital costs (including air, land or sea evacuation), personal illness or bodily injury, including pain and suffering, emotional distress, or death, personal economic impairment, and other consequential losses that may arise during and/or as a result of the undersigned’s of any travel, transit or participation in of any activity associated with such travel or transit.