PRIVACY POLICY

Born Diver’s Privacy Policy contains information concerning Born Diver’s collection and use of your personal information.

NO LIABILITY FOR BORN DIVER

BY ACCESSING AND/OR USING THE SITE, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE USING THE SITE SOLELY AT YOUR OWN RISK AND THAT IN NO CIRCUMSTANCES WILL BORN DIVER OR ITS AFFILIATES BE LIABLE FOR ANY LOSSES OR DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, RELIANCE, SPECIAL, EXEMPLARY OR OTHER DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF REPUTATION, COST OF COVER DAMAGES, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR INTANGIBLE LOSSES OF ANY KIND, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BORN DIVER OR ITS AFFILIATES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE AND EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE), COSTS OR EXPENSES OF ANY KIND (INCLUDING ATTORNEYS’ FEES), THAT MAY ARISE DIRECTLY OR INDIRECTLY IN CONNECTION WITH YOUR ACCESS OR USE OF THE SITE, BORN DIVER SOCIAL MEDIA OR BORN DIVER PRODUCTS OR SERVICES, REGARDLESS OF WHETHER ANY SUCH LOSSES OR DAMAGES STEM FROM CONTRACT, TORT AND/OR EQUITABLE CLAIMS AND REGARDLESS OF WHETHER ANY SUCH LOSSES OR DAMAGES ARE CAUSED OR CONTRIBUTED TO BY THE ACTIONS (NEGLIGENT OR OTHERWISE) OF BORN DIVER OR ITS AFFILIATES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER BORN DIVER NOR ITS AFFILIATES WILL UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CLAIMS, LOSSES OR DAMAGES RESULTING FROM OR RELATING TO: (1) ANY LOSS OR DAMAGE TO DATA, SOFTWARE OR HARDWARE ASSOCIATED WITH YOUR USE OF THE SITE; (2) ANY DELAY OR INABILITY TO ACCESS OR USE THE SITE OR ANY LINKS OR CONNECTIONS THERETO; (3) ANY TRANSMISSION DEFECTS, VIRUSES OR SIMILAR EVENTS; OR (4) THE UPLOADING OR DOWNLOADING OF ANY MATERIAL OR INFORMATION TO OR FROM THE SITE.

IF YOU HAVE A DISPUTE WITH BORN DIVER OR ARE DISSATISFIED WITH THE SITE, TERMINATION OF YOUR USE OF THE SITE IS YOUR SOLE REMEDY AND, IN SUCH INSTANCE, NEITHER BORN DIVER NOR ITS AFFILIATES WILL HAVE ANY OTHER LIABILITY OR RESPONSIBILITY TO YOU.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS OR ELSEWHERE, IN NO EVENT WILL BORN DIVER AND/OR ITS AFFILIATES’ AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE EXCEED THE GREATER OF: (1) THE PURCHASE PRICE FOR THE PRODUCT AT ISSUE, IF APPLICABLE; OR (2) FIFTY DOLLARS ($50). MOREOVER, UNDER NO CIRCUMSTANCES WILL BORN DIVER & AFFILIATES BE LIABLE FOR ANY DELAY OR PERFORMANCE FAILURE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OR FORCES OF NATURE OR OTHER CAUSES BEYOND THEIR REASONABLE CONTROL.

THE FOREGOING LIMITATIONS OF LIABILITY WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS AND WILL APPLY EVEN IF ANY LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
a. No Warranties. THE SITE AND THE CONTENT THEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. BORN DIVER AND ITS AFFILIATES DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTIBILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. BORN DIVER AND ITS AFFILIATES ALSO DO NOT MAKE AND EXPRESSLY DISCLAIM ANY WARRANTIES: (1) THAT THE SITE OR THE INFORMATION OR CONTENT CONTAINED HEREIN WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS; (2) THAT THE SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIAL; (3) AS TO THE SITE’S ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS; (4) THAT BORN DIVER WILL CONTINUE TO OFFER OR MAKE AVAILABLE THE SITE; OR (5) REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT PURCHASED OR OBTAINED THROUGH THE SITE OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE.

CERTAIN STATE LAWS DO NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES AND MAY NOT PERMIT CERTAIN LIMITATIONS ON LIABILITY, AND IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS AND/OR LIMITATIONS MAY NOT APPLY TO YOU. HOWEVER YOU AGREE THAT BORN DIVER AND ITS AFFILIATES’ AGGREGATE LIABILITY TO YOU WILL BE LIMITED TO FULLEST EXTENT PERMITTED BY LAW.

BORN DIVER RESERVES THE RIGHT TO CHANGE OR UPDATE THE SITE WITHOUT NOTICE TO YOU AND NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BORN DIVER OR ITS AFFILIATES OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.