Terms of Use
These terms of use (Terms of Use”), with an effective date of December 2010, govern your use of the website, http://www.adsinc.com/, or any subdomain thereof (the “Site”) of Atlantic Diving Supply, Inc. (“ADS”, “we” “us” or “our”). You accept these Terms of Use when you conduct any electronic activities through the Site, including without limitation, when you: (1) register or apply for an online account, (2) complete the ADS CONTACT FORM, (3) request a catalog, (4) access the Site online, (5) sign up for our newsletter, (6) or otherwise request information about products or services from ADS electronically (collectively, “Online Activities”). ADS reserves the right to change these Terms of Use at any time in its sole discretion. Please refer to the date at the top of this page for the most current publication date for the Terms of Use.
PRIVACY
Please review our Privacy Policy, which also governs your visit to the Site, to understand our practices with respect to collection of your personally identifiable information.
ELECTRONIC COMMUNICATIONS
When you conduct Online Activities, you are communicating with us electronically. You consent to receive communications from us electronically, and we will accordingly communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing under all applicable laws.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Site, you warrant to ADS that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use or the Privacy Policy. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for you through the Site. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any communication or other content. You may not use this Site to transmit unsolicited email. You may not transmit unsolicited email to this Site or to anyone whose email address includes the domain name used on this Site. You may not use our domain name as a pseudonymous return email address for any communications that you transmit from another location or through another service. You may not pretend to be someone else when using this Site or any resources provided by ADS.
POSTINGS AND PRIVACY
You may post reviews, comments, photos, and other content; send electronic communications; and submit suggestions, ideas, comments, questions, or other information (“Materials”), so long as the submission of thee Materials does not violate these Terms of Use of the Privacy Policy. Except as otherwise agreed in writing, the Materials you post or provide to ADS will be treated as non-confidential and non-proprietary. Notwithstanding the foregoing, ADS will make reasonable efforts to handle personal identifying information in accordance with its Privacy Policy. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane Materials that could give rise to any civil or criminal liability under the law. This Site is not intended for minors. If you are a minor, you are not authorized to use this Site or to provide us with Materials. If you learn of any submission of Materials to the Site that may be subject to the Children’s Online Privacy Protection Act, please contact ADS as soon as possible or email the circumstances to us at the contact information below.
By posting, uploading, inputting, providing or submitting any Materials to ADS, you are granting ADS, its affiliated companies and necessary sublicensees, a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use such Materials in connection with the operation of its businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat such Materials; and to publish your name in connection with such Materials. No compensation will be paid with respect to the use of Materials, and we are under no obligation to post or use any Materials and may remove any Materials at any time in our sole discretion. By posting, uploading, inputting, providing or submitting any Materials, you warrant and represent that you own or otherwise control all of the rights to the Materials as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Materials; that the Materials are accurate; that use of the Materials you supply does not violate these Terms of Use or the Privacy Policy, and will not cause injury to any person or entity; and that you will indemnify ADS for all claims resulting from Materials you supply.
LICENSE AND SITE ACCESS
ADS grants you a limited license solely to access and make personal use of this Site. You shall not download or modify the Site, or any portion of it, except with our express written consent. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any newsletters, product information or other content; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. You shall not reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit this Site or any portion thereof for any commercial purpose, without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ADS or the Site without our express written consent. You may not use any meta tags or any other “hidden text” containing our name or trademarks without our express written consent. Any unauthorized use shall terminate all permission or license granted by ADS in these Terms of Use or any other agreement between the parties.
YOUR ACCOUNT
You are responsible for maintaining the confidentiality of your account and password for use of the Site, and for restricting access to your computer, and you agree to accept responsibility for all Online Activities or other activities that occur under your account or password. ADS reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion, for violations of these Terms of Use or otherwise.
COPYRIGHT COMPLAINTS
ADS respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please see Notice and Procedure for Making Claims of Copyright Infringement section.
RISK OF LOSS
All items purchased from ADS are made pursuant to a shipment contract, and the risk of loss and title for such items pass to you upon our delivery to the carrier. All APO/FPO and P.O. Box shipment requests must be sent via United States Postal Service (USPS). Due to postal regulations on dimension and weight, USPS shipments may be broken into multiple packages. ADS is not liable for loss or damaged items shipped via USPS. An adult signature is required when your package is delivered.
ARMS DEALING
ADS does not warrant that a person may legally purchase, possess or carry any specific item on the Site according to federal, state or local laws. As a dealer, ADS does not grant the legal right or authorize the purchase or possession of items that may be regulated in your state or municipality. These items include, but are not limited to, replica or blank firing guns, knives, swords, electronic stun guns, chemical or personal defense sprays (tear gas), or other restricted / prohibited items. By placing an order, requesting information from ADS, or otherwise using this Site, you warrant and represent that you are an adult (18 years or older) and are under no legal disabilities that would prohibit you from ordering, owning, possessing, or transferring the products and services provided by ADS under all applicable federal, state and local laws. You agree to comply with, and accept full responsibility for your compliance with all applicable laws.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY ADS ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. ADS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR SUCH INFORMATION, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS SUBJECT TO THESE TERMS OF USE AND AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ADS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ADS DOES NOT WARRANT THAT THIS SITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE OR VIA THE ADS SERVERS, OR ANY ELECTRONIC COMMUNICATIONS SENT FROM ADS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ADS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ADS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, HARM TO EQUIPMENT AND/OR PERSONAL INJURY OR DEATH, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES ON THIS SITE, EVEN IF ADS OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES RESULTS IN THE NEED FOR SERVICING, REPAIR, OR CORRECTION OF ANY ITEM, YOU ASSUME ANY AND ALL COSTS THEREOF.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights. You agree that if any part of this limitation of liability is found to be invalid or unenforceable for any reason, then our aggregate liability shall not exceed one hundred dollars ($100).
INTELLECTUAL PROPERTY
All content included or otherwise embedded or incorporated on this Site, including without limitation, text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, is the property of ADS, its licensors or suppliers and protected by intellectual property laws. Atlantic Diving Supply, ADS, and all other trade names, trademarks, service marks, graphics, logos, and service names used in connection with our products and services are the marks or trade dress of ADS, its licensors or suppliers. Our content, marks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ADS. All other marks not owned by ADS that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ADS. Any rights not expressly granted herein are reserved.
INDEMNIFICATION
You agree to indemnify, defend and hold ADS harmless, including ADS’ officers, directors, employees, agents, affiliates, licensors and suppliers from and against losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from your violation of these Terms of Use, the Privacy Policy, or other terms and conditions governing the request for information or ordering of products or services from ADS (collectively, this “Agreement”), or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your internet account.
TERMINATION/ACCESS RESTRICTION
ADS reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement. You agree that no joint venture, partnership, employment, or agency relationship exists between you and ADS as a result of this Agreement, or use of the Site. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth in the Terms of Use, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement shall continue in effect.
MISCELLANEOUS
Any and all claims or disputes relating to or arising from your use of this Site or the information, content, products, services, or materials on the Site or otherwise provided by ADS through your use of the Site, or the interpretation and enforcement of this Agreement shall be governed by the laws of the Commonwealth of Virginia, as it applies to a contract executed, delivered and performed solely in Virginia, and without regard to any conflict of law provisions. Any action or proceeding seeking to enforce any provision of, or based on any right arising out of, this Agreement shall be brought against either of the parties only in the courts of the commonwealth of Virginia, located in the city of Virginia Beach or, if it has or can acquire jurisdiction, in the United States District Court for the Eastern District of Virginia, Norfolk Division, and you and ADS hereby consent to the exclusive jurisdiction and venue of such courts (and of the appropriate appellate courts) in any such action or proceeding and irrevocably waive any objection to such jurisdiction and venue. Process in any action or proceeding referred to in the preceding sentence may be served anywhere in the world. Your use of the Site does not subject us to any judicial process or to the jurisdiction or venue of any courts or tribunals other than those identified above, including without limitation, those in your jurisdiction or location.
This Agreement and any sale or account terms, all of which are incorporated herein (and are available for review), constitute the entire agreement between you and us regarding your use of this Site and the materials, services and products provided to you by ADS through your use of the Site. The failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
Contacting Us
If there are any questions regarding this Agreement you may contact us using the information below.
www.adsinc.com
621 Lynnhaven Parkway
Virginia Beach, VA 23452
USA
adscs@adsinc.com
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide ADS with the written information specified below. Please note that this procedure is exclusively for notifying ADS that your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site, including any item number, if applicable;
- Your address, telephone number, and e-mail address; o A statement by you that you have a good-faith belief that the disputed use is not authorized by
the copyright owner, its agent, or the law; - A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
ADS can be reached for notice of claims of copyright infringement on its Site as follows:
Copyright Agent
677 Lynnhaven Parkway
Virginia Beach, VA 23452
USA
adscs@adsinc.com
