BY VISITING scubaguruacademy.com, YOU ARE CONSENTING TO OUR TERMS OF SERVICE.
In order to use the Site, you may be required to provide information about yourself including your name, email address, and other personal information. You agree that any registration information you give to the Company will always be accurate, correct and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Site, violate any laws in your jurisdiction.
You may use the Site for lawful purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
PURCHASE AND REFUND POLICY
By clicking “Buy Now,” “Purchase”, "Enroll", or any other phrase on the purchase button, or entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“User”) agree to be provided with products by Tec Clark, Inc. (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following Terms of Purchase:
a. Upon execution of this Agreement, electronically, verbally, or otherwise, the Company agrees to provide services in accordance with the product, program, digital download, ebook, and/or course (collectively known as the “Product”) as outlined on Site, Sales Page, or other point of purchase.
b. The scope of the Product rendered by the Company pursuant to this Agreement shall be solely limited to that contained therein and/or provided for on Company’s Site at scubaguruacademy.com (“Site”) as part of the Product.
c. The User agrees unconditionally to the Company’s Release of Liability. The Release of Liability may be obtained here or by contacting us for a copy.
2. PAYMENT AND REFUND POLICY.
a. Upon execution of this Agreement, User agrees to pay to the Company the purchase amount as stated on the Site.
b. Company does not offer refunds for buyers remorse. Refunds are issued under two scenarios:
A. For Products that have a Disclaimer refunds will be issued if the user stops all progress after viewing the Disclaimer. We are able to track progress. A refund will be given if now further content has been accessed after viewing the Disclaimer.
B. Refunds will only be issued within the first 30 days of purchase/enrollment, where the purchaser has completed 100% of the course in the order as it's presented in the curriculum, and they can prove, (through written documentation and photographic evidence), they have completed all lessons, tips, tasks, and activities and seen no improvement in their performance. Refunds will not be issued on the basis of the course not being suited to the purchasers level of education in the given field. It is the responsibility of the purchaser to ensure the course suits their needs, through the outline on the course sales page or by emailing the instructor or Company directly.
c. If User selects a payment plan option, User agrees to pay fees to the Company according to the payment schedule set forth on Company's Site, or otherwise provided to User, and the payment plan selected by User (the “Fee”).
d. Credit Card Authorization. Each party hereto acknowledges that Company will charge the credit card chosen by the Client on the dates and for the amounts specified upon purchase and as included in this Agreement.
e. In the event User fails to make any of the payments within a payment plan on the agreed upon due date, Company has the right to immediately disallow participation by User until payment is paid in full, including disallowing access to the Product. If User does not commence within seven (7) days, Company has the right to terminate agreement.
3. USE LICENSE
Permission is granted to temporarily view and download one copy of the materials (information or software) on Company's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
a. Modify or copy the materials.
b. Use the materials for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software contained on Company's web site.
c. Remove any copyright or other proprietary notations from the materials; or transfer or share the materials to another person or 'mirror' the materials on any other server.
d. This one license extends to the course material, log-ins, applicable bonuses, coupons etc.
e. Sharing of one license is only granted in the following circumstances:
1. Between spouses. 2. Between Student and Virtual Assistant or Interpreter.
This extends to each license, one log-in and one allocation of bonuses as per license.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Company at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
By purchasing or otherwise utilizing the Product, the User acknowledges that the Company does not warrant the accuracy of any information provided, is not liable for any losses the User may suffer by relying on Company’s advice or information. The Company makes no representation or warranty that the information provided within the Product, regardless of its source, is accurate, complete, reliable, current or error-free. The Company disclaims all liability for any inaccuracy, error or incompleteness in the Content.
By purchasing this Product, User acknowledges that the Company cannot guarantee the outcome of services and/or recommendations within the Product and any comments about the outcome are expressions of opinion only. The Company cannot make any guarantees other than to deliver information, education, and services purchased as described.
You acknowledge that the Company has not and does not make any representations as to the future outcome of any kind that may be derived as a result of use of the Company’s Product. Testimonials, earnings, or examples shown through Company’s website, programs, and/or services are only examples of what may be possible. There can be no assurance as to any particular outcome based on the use of the Company’s Product.
Through use of the Product, the Company may provide the User with information relating to services and/or other products that the Company believes might benefit the User, but such information is not to be taken as an endorsement or recommendation. The Company is not responsible for any adverse affects or consequences that may result, either directly or indirectly, from any information provided.
SCUBAGURU/TEC CLARK, INC. INTELLECTUAL PROPERTY
The Site CONTAINS intellectual property owned by Tec Clark, Inc., including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the ScubaGuru logo, all designs, text, graphics, photographs, other files, and the selection and arrangement thereof.
You may, view, print and/or download one copy of the Materials from this web site on any single computer solely for your personal, informational, non-commercial use, provided you keep intact all copyright and other proprietary notices.
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site content or intellectual property, in whole or in part without our prior written consent. We reserve the right to immediately remove you from the Site, without refund, if you are caught violating this intellectual property policy.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE. ADDITIONALLY, TEC CLARK, INC. IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF TEC CLARK, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL TEC CLARK, INC.’S CUMULATIVE LIABILITY TO YOU EXCEED $100.
THIRD PARTY RESOURCES
The Site may contain links to third-party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the Company. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
RELEASE OF CLAIMS
In no event will Tec Clark, Inc. be liable to any party for any type of direct, indirect, special, incidental, or consequential damages for any use of or reliance on our Site or its Content. You hereby release Tec Clark, Inc. from any and all claims including those related to personal or business interruptions, misapplication or information, or any other loss, condition, or issue.
RELEASE OF LIABILITY
The User agrees unconditionally to the Company’s Release of Liability. The Release of Liability may be obtained here or by contacting us for a copy.
Certain sections of the Site or its Content may allow you to make purchases from us or from other merchants. If you make a purchase from us on or through our Site or its Content, all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us, the merchant, and our payment processing company.
Your participation, correspondence or business dealings with any affiliate, individual or company found on or through our Site, all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a merchant.
We have no responsibility or liability for these independent policies of the payment processing companies and Merchants. In addition, when you make certain purchases through our Site or its Content, you may be subject to the additional terms and conditions of a payment processing company, Merchant or us that specifically apply to your purchase. For more information regarding a Merchant and its terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the Merchant directly.
You release us, our affiliates, our payment processing company, and merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Site or its Content.
GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, USA, regardless of the conflict of laws principles thereof. If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the International Court of Arbitration (ICC). The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Broward County, Florida or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
ENTIRE AGREEMENT; WAIVER; HEADINGS
This Agreement constitutes the entire agreement between you and Tec Clark, Inc. pertaining to the Site and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Tec Clark, Inc. shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Tec Clark, Inc. The subject headings of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
Updated: June 21, 2018.