This agreement contains the complete terms and conditions that apply to an individual's or entity's participation in the Scuba Diving Planet Membership Program (the "Program"). As used in this Agreement, "we" means ScubaDivingPlanet.com, and "you" means the applicant.

1.Enrollment in the Program

To begin the enrollment process, you will submit a complete Program application via our site. We will evaluate your application in good faith and will notify you of your acceptance or rejection. We may reject your application if we determine (in our sole discretion) that your service is unsuitable for the Program. ScubaDivingPlanet.com reserves the right to refuse service to anyone at any time with or without cause.

2.Your Responsibility

It is your responsibility to provide accurate information and maintain the information up to date. It is your responsibility to ensure that the information provided by you does not contain pornographic, violent, or racist materials. It is your responsibility to remove tours you wish to discontinue from being listed on the ScubaDivingPlanet.com web site.

3.Terms of the Agreements

The terms of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination.

4. Modification

We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by notifing you a new agreement. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR NOTICE OF NEW AGREEMENT WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

5.Limitation of Liability

We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total service fees paid by you under this Agreement.

6.Disclaimers

We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

7.Independent Investigation

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

8.Miscellaneous

This Agreement will be governed by the laws of the United States and the state of Alabama, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Jefferson County, Alabama, and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.