TERMS AND CONDITION
PLEASE READ CAREFULLY BEFORE USING BORNDIVER.COM WEBSITE.
Welcome to BornDiver.com and Thank You for shopping on our online store. By visiting our website, you the user acknowledges and agrees to these Terms & Conditions (Terms).
Eligibility and Acceptance of Terms.
The Site is neither intended nor designed for children under the age of 13. By accessing or using the Site you represent and warrant that you are at least age 18 or the minimum legal age to enter into an enforceable contract in your resident jurisdiction. If you are under the age of 18, but at least the age of 13, then you represent, warrant and confirm that you possess the legal consent of your parent or legal guardian to access and use the Site. By accessing or using the Site, including, without limitation, by purchasing a product or service via the Site or by submitting, posting, uploading or otherwise transmitting or making available any visual material, link, text, audio, video, information, code, comment or other content or material on or to the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and any revisions thereto. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child the age of 13 or older, then you represent, warrant and confirm that you have reviewed and consent to these Terms and accept full responsibility for your child’s use of the Site, including but not limited to all financial obligations, charges and other liabilities that your child may incur in connection with the use of the Site.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or entity to these Terms and, in such instance, “you” and “your” will refer and apply to that company or entity. To the extent you do not have such authority, you are prohibited from accessing or using the Site in any manner whatsoever and you are hereby instructed to leave the Site immediately.
Access and Use of Site. Subject to your full and continuing compliance with these Terms, Born Diver grants you a limited, non-exclusive, non-transferable license (with no right to sublicense) to access and use the Site. You agree not to use, copy, adapt, modify, reproduce, republish, disseminate, prepare derivative works based upon, distribute, license, sell, transfer, publicly display or perform, transmit, stream, broadcast or otherwise exploit the Site or the content on or within the Site, except for informational or personal, non-commercial uses or as expressly authorized by Born Diver herein. Born Diver has no obligation to continue to maintain or support the Site in any way, or to provide updates or error corrections to the Site. Your rights under these Terms will terminate immediately and automatically, with or without notice and in Born Diver’s sole discretion, if Born Diver ceases to maintain or support the Site. Born Diver reserves the right to suspend, restrict and/or revoke your access to and use of the Site at any time, with or without cause. You acknowledge that Born Diver has no obligation to monitor your access to or use of the Site or to review or modify any Content (as defined below), but may do so in its sole discretion for the purpose of operating the Site, to ensure compliance with these Terms, or to comply with any applicable law, regulation, requirement or standard.
Born Diver Intellectual Property. The Site, its look and feel, and the logos, icons, graphics, insignia, names, marks, features, functions, text, graphics, button icons, phrases, images, audio or video clips or content, data compilations, software, designs or similar items contained on or within the Site and/or the compilation or organization thereof constitute the trade names, trademarks or service marks (registered or unregistered), copyrights, or other intellectual property, proprietary or publicity rights of Born Diver and/or its subsidiaries or affiliates (collectively, the “BD Property”). The Site and the BD Property are protected by trademark, copyright and/or other laws of the United States and foreign countries. Except as expressly provided in these Terms, Born Diver own all right, title and interest in and to the Site and the content therein, including all associated intellectual property and proprietary rights, and to all BD Property. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices on, within or about the Site or Born Diver Social Media. In addition, you agree not to: (i) use, display, mirror or frame the Site or any of the pages or elements on or within the Site, Born Diver’s name, any BD Property, or the layout and design of any page on the Site or portion thereof, without Born Diver’s express written consent; or (ii) use any metadata utilizing any BD Property or other Born Diver branding, uniform resource locators (URLs) or product names without Born Diver’s express written consent. You acknowledge that the use of BD Property on the Site or Born Diver Social Media is not a license, express or implied, for you or any third party to in any way use BD Property. The use of BD Property, except as provided in these Terms, is prohibited, and you are not permitted to copy, reproduce, republish or disseminate any BD Property without Born Diver’s prior written approval. No licenses or rights are granted to you by implication or otherwise under any intellectual property or proprietary rights owned or controlled by Born Diver, except for the licenses and rights expressly granted in these Terms. Born Diver reserves all rights in and to the BD Property, the Site and the Site’s content, functionality and services not expressly granted in these Terms.
Born Diver respects copyright and related laws and expects users of the Site to likewise respect such laws. Born Diver may terminate the rights of users of the Site that infringe or are believed to have infringed the rights of copyright holders. If you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send an e-mail or written notice to Born Diver’s Designated Agent for notices of infringement and provide the following information:
THIRD PARTY PRODUCTS AND SERVICES
Born Diver is not responsible for the content of any sites that may be linked to or from this website, nor do we make any representations or warranties of any kind regarding any products or services offered by any third parties whose icons, products, services or hyperlinks appear on the website. These links are provided for your convenience only and you access them at your own risk. Any other site accessed from this website is independent from Born Diver, and Born Diver has no control over the content of that other site. In addition, a link to any other site should not be construed as approval or endorsement by Born Diver of that third party or of any product or service provided by a third party.
Your correspondence or business dealings with third parties found on or through this website, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties. We will not be involved in resolving any disputes relating to or arising out of any correspondence or business transaction between you and any such third parties.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
This website and all elements thereof are provided on an “as is” basis without warranty of any kind, express or implied. Born Diver disclaims all warranties, express and implied, including without limitation, implied warranties of merchantability, fitness for a particular purpose, water sport related activities and non-infringement. If you rely on this website or any information, product or service available through this website, you do so at your own risk. Born Diver does not warrant that the site will operate or perform in a manner that is uninterrupted or error-free, or that the site or host server will be maintained free of viruses or other harmful code. Born Diver makes no warranties that the information, products and services presented on the site is current, up-to-date, or accurate. Some states and jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you. The foregoing shall be enforceable to the maximum extent permitted by applicable law.
Under no circumstances and regardless of legal theory, whether in tort, contract or otherwise, will Born Diver be liable to you or any other party for any indirect, special, incidental, reliance, or consequential damages, however caused, and regardless of character, including without limitation, any damages relating to your use of this website, any product or service linked to from or advertised or promoted on this website, lost data, computer failure or malfunctioning, or otherwise. Some states and jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you. The foregoing shall be enforceable to the maximum extent permitted by applicable law. You agree to this allocation of risk in relation to your use of the site.
WORLD-WIDE APPLICABILITIES AND LAWS
This website is presented by Born Diver from within the United States, and Born Diver makes no representation that materials in the website are appropriate or available for use in locations outside the United States. In addition, you are responsible for complying with any and all local laws in your jurisdiction that may impact your right to use the website.
JURISDICTION AND VENUE
You agree that any legal action brought against Born Diver shall be governed by the laws of the Broward County in the State of Florida without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on the Born Diver sites shall be an appropriate federal or state court located in Broward County in the State of Florida, U.S.A.
REGISTER TO PURCHASE
To access or use certain areas or functions of the Site you may be required to register and create an account (“Account”). During this process you will be required to provide certain information and establish log-in credentials. You agree to provide accurate and complete information during this process and at all other times when you use the Site, and you also agree to update such information. Born Diver reserves the right, in its sole discretion, to refuse to establish or maintain Accounts for, or provide products or services to, any individual or entity. Born Diver also reserves the right to suspend or terminate your Account, in its sole discretion and without prior notice to you, if any information you provide is inaccurate or incomplete, if you otherwise breach any of these Terms or any Additional Terms. Born Diver may also refer any information on illegal activities, including your identity, to law enforcement authorities. Born Diver cannot guarantee the security of your Account or the personal or other information you provide in connection therewith or otherwise, nor can Born Diver guarantee that its security measures will prevent third party intrusions or “hackers” from accessing your personal or other information. You are responsible for safeguarding your Account password, you agree not to disclose your password or other credentials to any third party, and you agree to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions, and to accept any and all risks of unauthorized access to your Account or your personal or other information. You will immediately notify Born Diver of any unauthorized use of your Account. You may cancel your Account at any time by contacting Born Diver at firstname.lastname@example.org.
30 Day Return Policy
If you are not satisfied with your online purchase you may return items within 30 days of original purchase. Customers are responsible for shipping returned items.
Returns will be processed within 7-10 days of receiving. You will be notified via email once your refund has been approved in our system.
All returns must be made within 30 calendar days of the shipped date, beyond the thirty calendar days all sales are final and no return or exchange will be accepted. Items on Sales, discounted or clearance are not valid for returns or exchange and it will be sent back to the sender if returned. To qualify for a refund, items must be returned in original, unused condition in original packaging.
Credit and Refund
All credits and refund will available after 24-48 hours of approval.
Credits – will be applied to your account and can be used immediately for new purchase(s).
Refunds – refund payment will be returned to the original form of payment that was used in the time of purchase. For payments made with credit cards, refund will reflect your credit card statement within 7 – 12 days depending on your credit card. For Paypal payments, refund will reflect within 24 hours or less.
How to return a product?:
Fill out our Returns Form, and clearly write the order# on the outside of the package you are returning and send to:
6731 N. Parkway Dr., Margate, FL 33068
Please make SURE the following is in the return package to ensure faster service:
2. Return Product Form – Click here
3.Copy of original packing slip
It will not be possessed unless you provide those three information.
Please follow the above instructions for a return.
Wait for confirmation email from us then,
Make the purchase of the item(s) you want
Note: you will get a store credit based on the approved returned merchandise
Credits on Returns:
To ensure your credit is completed in a timely manner, please make sure all information provided in the Packing Slip Information is correct and all the items listed above are in your returned package. This information will make the return process faster. We will not process your return until:
1. We receive your package
2. Your items have been checked in
3. All information is entered in our system
If for any reason you need assistance with a return please feel free to email us at:
Monday-Friday 9am – 5pm EST
By accessing and/or using the Site, you agree to defend, indemnify and hold harmless Born Diver and its Affiliates from and against any and all losses, claims, damages, costs and expenses (including attorneys’ fees) that Born Diver and/or Affiliates may become obligated to pay as a result of your access and/or use of the Site (including but not limited to any of your Content or Feedback), your negligence, your breach of or failure to comply with these Terms or any Additional Terms, your violation of the rights of any person or entity and/or your use of any products or services purchased or obtained via the Site. Born Diver and its Affiliates reserves the right to assume or participate, at your sole expense, in the investigation, settlement and/or defense of any such claim and you agree to cooperate with Born Diver’s defense of any such claim.
REGISTERED USERS OUTSIDE OF UNITED STATES
Born Diver’s operations are based in the United States and the Site is operated within the United States. You acknowledge that any Content, Feedback or other information you submit or provide to Born Diver or that Born Diver obtains through your use of the Site or Born Diver Social Media may be processed and transferred to the United States and subject to United States laws and regulations. The United States privacy and data protection laws and regulations may not be the same or similar to the privacy or data protection laws and regulations in your resident jurisdiction. By accessing or using the Site or Born Diver Social Media or by providing Content, Feedback or any other information to Born Diver, you consent to Born Diver’s collection, transfer, storage and processing of your information to and within the United States.
Any dispute relating in any way to your use of the Site shall be submitted to confidential arbitration in Broward County in the State of Florida and you hereby submit to the jurisdiction and proceedings thereof, except that, to the extent you have in any manner violated or threatened to violate Born Diver’s intellectual property or proprietary rights or the intellectual property or proprietary rights of its Affiliates, or Born Diver otherwise has a cause of action in equity, Born Diver may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. Arbitration under these Terms will be administered by the American Arbitration Association in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes then in effect, except as otherwise modified by this Section. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. You agree that you will not file or participate in any form of class action against Born Diver or its Affiliates. You agree that you must assert any claims against Born Diver or any of its Affiliates within one (1) year from the date of the applicable purchase or, if no purchase was made, from the date the claim first accrued.