The following terms and conditions ("Terms of Use") govern your access to and use of exosdive.com and any affiliated websites (the “Websites”), including any content, functionality, and services offered on or through the Websites.
Please read the Terms of Use carefully before using Exos Dive websites. By using the Websites, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use any Exos Dive websites or other media sources.
Exos Dive websites are offered and available to users who are 13 years of age or older. By using Exos Dive websites, you can represent and warrant that you meet the following eligibility requirements. You must meet these requirements to access or use Exos Dive websites.
Changes to the Terms of Use
We may revise and update these Terms of Use whenever we are free. All changes will be effective immediately after we post them.
Your continued use of Exos Dive's websites following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page occasionally to be aware of any changes, as they are binding on you.
Accessing Exos Dives Websites and Account Security
We reserve the right to withdraw or amend Exos Dives' websites and any service or material we provide on Exos Dives at our sole discretion without notice. We will not be liable if, for any reason, all or any part of Exos Dives' websites is unavailable at any time or for any period. From time to time, we may restrict users' access to some features of Exos Dives' websites or the entire Website.
You are responsible for:
Please take all the necessary steps to gain access to Exos DIve's websites.
They ensure that all persons who access Exos Dive's websites through your internet connection know about these Terms of Use and comply with them.
To access Exos Dive's websites or some of its resources, you may be asked to provide specific registration details or other information. A condition of your use of Exos Dive's websites is that all the information you provide on Exos Dive is correct, current, and complete. You agree that all information you provide to register with Exos Dive's websites or otherwise, including but not limited to through the use of any interactive features on Exos Dive's websites, is governed by our Privacy Policy, and you consent to all actions we take concerning your information consistent with our Privacy Policy.
If you choose or are given a username, password, or any other information as part of our security procedures, please treat this information as confidential, and you must not disclose it to anyone else or entity. You also acknowledge that your account is personal to you and agree that you won't give any other person access to Exos Dive's websites or portions of them using your username, password, or additional security information. Please inform us of any unauthorized access to or use of your username or password or any other security breach. I also want to let you know that you agree to make sure you exit from your account at the end of each session. Please be careful when accessing your account from a public or shared computer so others cannot view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time if we believe you have violated any provision of these Terms of Use.
Intellectual Property Rights
Except certain public domain content, Exos Dive's websites and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by Exos Dive's, Inc., its affiliates, licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use Exos Dive's websites only for personal or editorial non-commercial use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Exos Dive's websites, except as follows:
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files automatically cached by your Web browser for display enhancement purposes.
You may print [or download] one copy of a reasonable number of pages of Exos Dive's websites for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
Suppose we provide desktop, mobile, or other applications for download. In that case, you can download a single copy to your computer or mobile device solely for personal, non-commercial use if you agree to be bound by our end-user license agreement for such applications.
If you give appropriate credit, you may make editorial use of this website's content to the extent that Exos Dive owns the rights to authorize such use. Please get in touch with Dustin Breuer to clarify your right to use material on this website and the appropriate credit.
If we provide social media features, such as sharing certain content on Facebook, Twitter, Instagram, and Snapchat, you may take the actions enabled by such features.
You must not:
Modify copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences, or graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
Please don't access or use any part of Exos Dive's websites or any services or materials available through Exos Dive.
If you wish to make any use of material on Exos Dive's website other than that set out in this section, please address your request to info@exosdive.com
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of Exos Dive's websites in breach of the Terms of Use, your right to use Exos DIve's websites will cease immediately. You must, at our option, return or destroy any copies of the materials you have made. You don't have a right, title, or interest in or to Exos Dive's websites, or any content on Exos Dive is transferred to you, and Exos Dive reserves all rights not explicitly granted. Any use of Exos Dive's websites not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
Trademarks
California Ocean Sports, Exos Dive's name, Dustin Breuer's name, and all related names, logos, product and service names, designs, and slogans are trademarks of Exos Dive and its affiliates or licensors. You must use these marks with the prior written permission of Exos Dive. All other names, logos, product and service names, designs, and slogans on Exos Dive's websites are trademarks of their respective owners.
Prohibited Uses
You may use Exos Dive's websites only for lawful purposes and by these Terms of Use. You agree not to use the Websites:
In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
To exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
To transmit or procure the sending of any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar malicious form of solicitation.
To impersonate or attempt to impersonate Exos Dive, an Exos Dive employee, another user, or any other person or entity relating to Exos Dive.
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of Exos Dive's websites or which, as determined by us, may harm Exos Dive or users of Exos Dive's websites or expose them to liability.
Additionally, you agree not to:
Use the Exos Dive's websites in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Exos Dive's websites, including their ability to engage in real time activities through the Exos Dive's websites.
Use any robot, spider, or other automatic device, process, or means to access Exos Dive's websites, including monitoring or copying any material on Exos Dive's.
Without our prior written consent, you can use any manual process to monitor or copy any material on Exos Dive's websites or for any other unauthorized purpose.
Use any device, software, or routine that interferes with the proper working of Exos Dive's websites.
Introduce any viruses, trojan horses, worms, logic bombs, or other malicious or technologically harmful material.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of Exos Dive's websites, the server on which they are stored, or any server, computer, or database connected to them.
Attack Exos Dive's websites via a denial-of-service or distributed denial-of-service attack.
Please refrain from interfering with the proper working of Exos Dive's websites.
User Contributions
Exos Dive's websites may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (from now on, "post") content or materials (collectively, "User Contributions") on or through the Exos Dive's websites.
All User Contributions must comply with the Content Standards in these Terms of Use.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on Exos Dive's website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us, our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
All of your User Contributions do and will be sure to follow these Terms of Use.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute. You, not Exos Dive, are fully responsible for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Websites.
Monitoring and Enforcement; Termination
We have the right to:
Please remove or don't post any User Contributions for any reason in our sole discretion.
Take any action concerning any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of Exos Dive's website or the public or could create liability for Exos Dive's.
You can disclose your identity or other information about you to any third party who claims that the material you post violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Exos Dive's websites.
Terminate or suspend your access to all or part of the Websites for violating these Terms of Use.
Without limiting the preceding, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Marine Genome Project’s website. YOU WAIVE AND HOLD HARMLESS CALIFORNIA OCEAN SPORTS LLC: DBA EXOS DIVE AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE PRECEDING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we only take time to review some material before it is posted on Exos Dive's websites, and we cannot make sure that we're aware of the material being removed after it has been posted. So, we are not responsible for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We don't have any liability or responsibility to anyone for the performance or nonperformance of the activities described in this section.
Content Standards
These content standards apply to any User Contributions and use of Interactive Services. User Contributions must, in their entirety, comply with all applicable federal, state, local, and international laws and regulations. Without limiting the preceding, User Contributions must not:
Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Violate the legal rights, including the rights of publicity and privacy of others, or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may conflict with these Terms of Use and our Privacy Policy.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, needless anxiety, or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.
Copyright Policy
Reporting Claims of Copyright Infringement
We take claims of copyright infringement seriously and have a policy of revoking access for infringers. We will respond to notices of alleged copyright infringement that comply with applicable law. Suppose you believe any materials accessible on or from the Marine Genome Project’s websites infringe your copyright. In that case, you may request the removal of those materials (or access to them) from the Marine Genome Project’s websites by submitting a written notification to our copyright agent designated below. By the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (”DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
Your physical or electronic signature.
You can identify the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
We can identify the material you think is infringing to allow us to locate that material.
Please provide adequate information so that we can contact you (including your name, postal address, telephone number, and, if available, email address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act for the copyright owner.
Our designated copyright agent to receive DMCA Notices is:
Dustin Breuer
Exos Dive
Please comply with all of the requirements of Section 512(c)(3) of the DMCA to ensure your DMCA Notice is effective.
Please be aware that if you knowingly misrepresent that material or activity on the Marine Genome Project’s website infringes your copyright, you may be liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Reliance on Information Posted
The information presented on or through Exos Dive's websites is available solely for general information. We don't want to warrant this information's accuracy, completeness, or usefulness. Any reliance on such information is strictly at your own risk, if you don't mind. We want to let you know that we're taking any reliance on such materials by you or any other visitor to Exos Dive's websites or anyone who may be informed of any of its contents.
Exos Dive's websites may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and reporting services. All statements and opinions expressed in these materials, as well as all articles and responses to questions and content other than the content provided by Exos Dive and its affiliates, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect Exos Dive's opinion. We are not responsible or liable to anyone else for the content or accuracy of any materials provided by any third party.
Changes to Exos Dive's websites
We may update the content on Exos Dive's websites from time to time, but the content could be more complete and up-to-date. Any material on Exos Dive's websites may need to be updated at any time, and we are not obligated to correct it.
Information About You and Your Visits to Exos Dive's Websites
All information we collect on Exos Dive's websites is subject to our Privacy Policy. By using Exos Dive's websites, you agree to all our actions concerning your information in compliance with the Privacy Policy.
Linking to Exos Dive's Websites and Social Media Features
You can link to our homepage if you do it in a way that is fair and legal and does not damage our reputation or take advantage of it. Still, we'd like not to establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
Exos Dive's websites may provide certain social media features that enable you to:
Link from your own or certain third-party websites to certain content.
Could you send e-mails or other communications with certain content or links to specific content on Exos Dive's websites?
Because limited portions of content on Exos Dive's websites will be displayed or appear to be displayed on your own or certain third-party websites.
You can use these features solely as we provide them and solely with the content they display. Subject to the preceding, you must not:
Establish a link from any website that you do not own.
Cause Exos Dive's websites or portions to be displayed or appear to be displayed by, for example, framing, deep linking, or in-line linking on any other site.
Link to any part of Exos Dive's websites other than the homepage.
If not, please take any action regarding the materials on Exos Dive's websites that are inconsistent with any other provision of these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We're right to withdraw linking permission without notice.
At our discretion, we may turn all off or any social media features and any links at any time without notice.
Links from Exos Dive's Websites
If Exos Dive's websites have links to other sites and resources provided by third parties, these links are provided for you to look at. This includes links contained in advertisements, banner advertisements, and sponsored links. We don't have any control over the contents of those sites or resources and don't take any responsibility for them or any loss or damage caused by your use. If you decide to access any of the third-party websites linked to the Websites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Disclaimer of Warranties
You understand that we can not guarantee or warrant that files available for downloading from the internet or the Websites will be free of viruses or other destructive code. Please remember that you are responsible for implementing enough procedures and checkpoints to satisfy your requirements for anti-virus protection and accuracy of data input and output and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITES LINKED TO IT.
I want to point out your use of the websites, their contact, and any services or items shared with you. THE WEBSITES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER Marine Genome Project’s, INC. NOR ANY PERSON ASSOCIATED WITH California Ocean Sports LLC: DBA Exos Dive., MAKES ANY WARRANTY OR REPRESENTATION concerning THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITES. WITHOUT LIMITING THE preceding, NEITHER California Ocean Sports LLC: DBA Exos Dive, NOR ANYONE ASSOCIATED WITH California Ocean Sports LLC: DBA Exos Dive., REPRESENTS OR WARRANTS THAT THE WEBSITES, THEIR CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
California Ocean Sports LLC: DBA Exos Dive, at this moment, DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
I can tell you that the formatting doesn't affect any wARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL California Ocean Sports LLC: DBA Exos Dive, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE MARINE GENOME PROJECT’S WEBSITES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
I must tell you that the price doesn't affect any liability that can be applied or limited unless available.
Indemnification
You agree to defend, indemnify, and hold harmless the Marine Genome Project, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Marine Genome Project’s websites, including, but not limited to, your User Contributions, any use of California Ocean Sports LLC: DBA Exos Dive websites’ content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the California Ocean Sports LLC: DBA Exos Dive websites.
Governing Law and Jurisdiction
All matters relating to California Ocean Sports LLC: DBA Exos Dive websites and these Terms of Use and any dispute or claim arising from that place or related to it (in each case, including non-contractual disputes or claims) shall be governed by and construed by the internal laws of the District of Columbia without giving effect to any choice or conflict of law provision or rule (whether of the District of Columbia or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or California Ocean Sports LLC: DBA Exos Dive websites shall be instituted exclusively in the federal courts of the United States or the courts of the District of Columbia. You can waive any objections to exercising jurisdiction over you by such courts and the venue in these courts.
Waiver and Severability
No waiver by California Ocean Sports LLC: DBA Exos Dive of any term or condition outlined in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Marine Genome Project’s, Inc., to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
Suppose a court or other tribunal of competent jurisdiction holds any provision of these Terms of Use as invalid, illegal, or unenforceable for any reason. In that case, such provision shall be eliminated or limited to the minimum extent such that the remaining conditions of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and California Ocean Sports LLC: DBA Exos Dive concerning California Ocean Sports LLC: DBA Exos Dive websites and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, concerning the California Ocean Sports LLC: DBA Exos Dive websites.
Your Comments and Concerns
California Ocean Sports LLC operates this website: DBA Exos Dive
Please send all notices of copyright infringement claims to the copyright agent designated in our Copyright Policy in the manner and by the means set forth.
All other feedback, comments, requests for technical support, and other communications relating to the California Ocean Sports LLC: DBA Exos Dive website should be directed to info@exosdive.com
