LEGAL CONTENT

Please carefully read this notice before you use this Web site. This Web site is provided by Resort Divers Ltd. and may be used for informational purposes only. By using this Web site, or downloading materials from it, you agree to abide by the following terms and conditions. If you do not agree with the following conditions of use, please exit this Web site.
 

Web Site Content
Resort Divers Ltd. and its subsidiaries and affiliates created this Web site to be used by the general public.
The information, text, graphics and links provided in this Web site are provided by Resort Divers Ltd. as a convenience to you. Resort Divers Ltd. will use reasonable efforts to include accurate and up-to-date information. Pictures and images depicting dive sites should not be assumed to be local dive sites in areas we operate, as some of the images are utilized for subject matter purposes. However, due to the nature of the Internet, Resort Divers Ltd. does not warrant and cannot guarantee the accuracy, completeness or authenticity of the information contained in this Web site, or the information, text, graphics, links, Web site functionality, and other items contained on this server or its suitability for any purpose.
Resort Divers Ltd. does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this Web site or the server that makes it available is free of viruses or other harmful components as such information is received by you because Resort Divers Ltd. cannot control the transmission of information over this medium. Resort Divers Ltd. does not warrant or make any representations regarding the use of, or the results of the use of, the materials on this site, or your transmission of any software, data or information from the Web site to you.
Information provided on this Web site is believed to be reliable when posted. However, we cannot guarantee that information will be accurate, complete and current at all times. This Web site could include technical inaccuracies or typographical errors. Resort Divers Ltd. will from time to time revise the information, products and services described in this Web site, and reserves the right to make such changes without notice.

Liability
The use of this Web site is entirely at your risk. The materials and information in this Web site (including text, graphics, and functionality) are presented without express or implied warranties of any kind and are provided "as is". It is your responsibility to evaluate the accuracy, completeness and usefulness of any services or other information provided.
Resort Divers Ltd. intends for the information contained in this Web site to be accurate and reliable. However, errors sometimes occur. Therefore, Resort Divers Ltd. and its related, affiliated and subsidiary companies to the full extent permitted by applicable laws disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose as to any matter whatsoever relating to this Web site or the information contained herein.
To the full extent permitted by applicable laws, in no event shall Resort Divers Ltd., its agents, employees, directors, officers and affiliated companies be liable for any damages of any kind caused to any person as a consequence of the use of this Web site including but not limited to any direct, special, incidental, indirect or consequential damages of any kind including but not limited to loss of use, loss of data or loss of profits, whether or not advised of the possibility of such damage, or based upon any theory of liability, arising out of or in connection with the use or performance of this Web site or the information contained herein. We will not be responsible for any detrimental reliance that you may place upon the Web site or its contents.

Product Availability
Unless otherwise specified, the materials in the Web site are presented solely for the purpose of educating the user about the products and services of Resort Divers Ltd. Nothing in this Web site constitutes an offer to buy or sell products or services of Resort Divers Ltd. or its affiliated companies. Resort Divers Ltd. makes no representation that any or all of the materials in the Web site are appropriate or available for sale in any or all locations. Those who choose to access this Web site do so on their own initiative and are responsible for compliance with local and foreign laws, if and to the extent such laws are applicable.
Copyright
This Web site is provided for your personal viewing and Resort Divers Ltd. maintains all copyrights in the text, buttons, layouts, graphic images and logos contained in this Web site. Except as stated herein, no portion of this Web site or its contents may be reproduced, copied, republished, altered, or transmitted, uploaded, downloaded, or posted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Resort Divers Ltd. Modification of the materials or use of the materials for any other purpose is a violation of Resort Divers copyright and other proprietary rights. The use of any such material on any other Web site or networked computer environment is prohibited.
You may print a copy of the information contained herein for your personal use only, but you may not reproduce or distribute the text or graphics to others or substantially copy the information on your own server, or link to this Web site, without prior written permission of Resort Divers.
An acknowledgment of the source must be included whenever our materials are copied or published. Any infringement of our rights will result in appropriate legal action. Resort Divers Ltd. and its affiliated companies disclaim any and all liability which may result from any unauthorized reproduction or use of the information on this site.

License and Reproduction
Permission is granted to print copies of portions of this Web site, but not the entire Web site, and to display and navigate around this Web site with a computer using HTML browser software, solely for personal use. Any commercial use of this Web site or any portion hereof is strictly prohibited. A hyperlink to the Uniform Resource Locator (URL) of this Web site in HTML documents which you prepare, must be approved in writing or via email, prior to making such hyperlink, and is subject to the following conditions: (a) the URL may be used only for the purpose of hyperlinking to Resort Divers home page at "http://www.resortdivers.com"; (b) the URL shall be clearly identified as being a link to a Web site owned and operated by Resort Divers Ltd. or its affiliated companies; and (c) you will make no other use of any Resort Divers Ltd. intellectual property, other than the URL, without Resort Divers express written permission.
Trade Marks
The logo shown here for Resort Divers Ltd. is a registered trade mark of Resort Divers Ltd. Unless otherwise indicated, all trademarks, service marks, and trade names are proprietary to Resort Divers Ltd. or its affiliates. Resort Divers Ltd. enforces its intellectual property rights.
Other parties' trademarks and service marks that may be referred to herein are the property of their respective owners.
Viruses
Because of the marked increase in the fabrication and proliferation of computer viruses affecting the Internet, we want to warn you about infections or viral contamination on your system. It is your responsibility to scan any and all downloaded materials received from the Internet. Resort Divers Ltd. is not responsible or liable for any damage caused by such hazards.
Resort Divers Ltd. cannot and do not guarantee or warrant that files available for downloading from this Web site are free of viruses, worms, Trojan horses or other code that has contaminating or destructive properties. Resort Divers Ltd. companies do not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title, noninfringement or fitness for a particular purpose) with respect to the files available for downloading from this site. In no event will Resort Divers Ltd. companies be liable to you or to anyone else for any decision made or action taken by you or anyone else in reliance on results obtained from use of files downloaded from this site.


Linked Web Sites
Other Internet or Web sites which may provide access to this Web site by hypertext links ("hyperlinks") are entirely independent of this Web site. Links to other Internet or Web sites from this Web site are included as a convenience for our visitors and in no way are meant to imply that Resort Divers Ltd. endorses, sponsors, promotes or is affiliated with the owners of or participants in those sites, or endorses any information contained on those sites, unless expressly stated. Resort Divers Ltd. does not guarantee the accuracy of any information in these other sites nor does it assume any liability for the content or presentation of linked sites.
Resort Divers Ltd. cannot guarantee that the hyperlinks set out on our Web site will be accurate at the time of your access. Moreover, the sites pointed at by hyperlinks have been independently developed and possibly maintained by person(s) over whom Resort Divers Ltd. has no control. Resort Divers Ltd. cannot and does not monitor the sites linked to its pages on the Internet or any transmission made through the respective web pages and news groups. Accordingly, Resort Divers Ltd. assumes no responsibility for the content of any site referenced to by any hyperlink or otherwise. Resort Divers Ltd. believes that our making available hyperlinks to publicly accessible web pages is legally permissible and consistent with the common, customary expectations of those who make use of the Internet.

Privacy
Information provided by you through our Web site is used for Resort Divers Ltd. business purposes only in order to service your needs.
Resort Divers Ltd. may use "cookies" or related technology in order to track usage of the Web site, and in order to improve our service to you.
Resort Divers Ltd. and its affiliated companies and representatives are committed to respecting the privacy of your personal information. However, it must be understood that the Internet is not a completely secure medium of communication. Therefore, we cannot guarantee the privacy of any information you input on this Web site or send to us on the Internet. We will not be responsible for any damages you or others may suffer as a result of the loss of confidentiality of any such information. We look forward to communicating with you and have provided many places on this Web site for you to contact us. However, please remember that, unless the specific access location says otherwise, all messages sent to or from this Web site can be accessed by other Internet users. To protect your privacy, please do not use e-mail to communicate information that you want kept confidential.
Confidentiality is a top priority at Resort Divers Ltd. We are committed to maintaining the highest level of confidentiality with all of the information we receive from our patrons, including the information received from this Web site.
Governing Laws
The applicable laws of Jamaica shall govern as to the interpretation, validity and effect of this Agreement and any use of the Web site, without giving effect to any principles of conflicts of law. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. You hereby consent and submit to the non-exclusive jurisdiction of the courts of Jamaica in any action or proceeding instituted under or related to this Agreement or your use of this Web site.

Service Request Forms
Any information requested is for our internal use to service your request. It is not shared with any unaffiliated outside party, unless permitted by you or required by law.
Aggregated Tracking Information
This Resort Divers Ltd. Web site collects no personally identifying information about individuals except when specifically and knowingly provided by such individuals. Resort Divers Ltd. will not release any of said information about you without your permission, unless permitted or required by law. Resort Divers Ltd. gathers two types of information about people who visit our site: data you provide through optional, voluntary contact and service request forms; and aggregated tracking information such as IP address and home server information.
To enable us to continually improve on the content we offer our users, as well as for systems administration purposes, we collect aggregate information site-wide. This gives us an idea of which parts of our Web site users are visiting. We do not link IP addresses to anything personally identifiable, which means a user's session will be tracked, but the user will be anonymous.

Information Collection and Use
Resort Divers Ltd. routinely gathers data on Web site activity, such as information about Web site visitors, to improve the caliber of online information and services offered. There are two forms of data that Resort Divers Ltd. collects: Web site visitorship data and personal information voluntarily provided to us by Web site visitors.
Web site visitorship data is
1. collected on an aggregate, anonymous basis, which means no personal information is associated with this data;
2. gathered through the use of Web server logs and cookies. A Web server log is a file where Web site activity is stored. A cookie is a small piece of information that a Web site sends to a visitor's computer, which is stored on his or her hard drive. Resort Divers Ltd. uses cookies to track repeat visits to its Web site. Although Resort Divers Ltd. assigns a cookie to a visitor's computer, the company does not know who that visitor is unless that person specifically tells us; and
3. shared among Resort Divers Ltd. business units to improve Web site content and overall service.

Submissions
Resort Divers Ltd. welcomes your comments regarding our Web site. While we do value your feedback, we ask that you not submit to us any suggestions, materials, ideas or creative concepts for new, modified or different products or services via this Web site. Resort Divers Ltd. requests this in order to avoid confusion in the future regarding the origin of the concept, product or service.
If, despite our request that you not send us any creative materials, you in fact send us creative suggestions, ideas, concepts or other information (collectively, the Information), such Information shall be deemed by Resort Divers Ltd. to be, and shall remain, the property of Resort Divers Ltd. None of the Information shall be subject to any obligation of confidence on the part of Resort Divers Ltd. and Resort Divers Ltd. shall not be liable for any use or disclosure of any Information. Without limiting the foregoing, Resort Divers Ltd. shall exclusively own all rights to the Information of every kind and nature and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information.

Cancellation/Refund Policy
Please note that Resort Divers and Watersports Ltd reserves the right to amend our cancellation/refund policy at any time without notice and the information found on this site should not be misconstrued as our most current or full policy. We make no warranty as to the accuracy of this information at any given period and it is recommended that you contact us directly if you have any concerns or questions about this policy. We have provided a time stamp on this page stating the last time it was updated in order to indicate how applicable the information may be. (Dated: July 14, 2008)

Please be aware that all bookings require a 20% deposit, which is invoiced upon your reservation/booking request and applicable to this policy unless otherwise explicitly indicated.

Clients who miss their scheduled activity or service without providing our required 48 hours notice prior to the date and time of the reservations are not entitled to a refund of their deposit. This has been enacted due to the loss which is created when we are not able to fill the requested space with another guest under such short notice.

If a cancellation notice is provided before the 48 hours requirement, clients are entitled to a refund of their deposit less an administrative fee of 5% of the full invoiced amount that will be charged to the credit card provided.

Our holiday/vacation packages which include accommodations will require a 20% deposit of which 50% of the total deposit is non-refundable. The remaining 50% of the total deposit is refundable only when clients provide cancellation notice 72 hours prior to their scheduled arrival date. Clients who do not provide notice prior to our 72 hour requirement are not entitled to any refund of their deposit. During high demand dates a 7 day cancellation requirement will be enacted and an additional penalty of $100 USD will charged to your account for cancellations which do not comply. High Demand dates are listed below.

High Demand Dates:

Reggae Sumfest Weekend: July 17, 18 & 19
Emancipation Day Weekend: July 31, August 1 & 2
National Hero's Day Weekend: October 17, 18 & 19
Christmas Holiday Season: December 19 - 31
New Year's Holiday Season: January 1, 2 & 3

Additional Policy:

Please note that Resort Divers takes seriously the safety of all our patrons and employees, and as such we have enacted several policies to ensure that safety regulations are followed. We reserve the right to refuse service without notice to any client we deem disrespectful or disruptive to our guests or staff during their excursion with us. This is to ensure that the quality of our service is controlled and that the experience of accompanying guests is not affected. Any client who is terminated under these grounds will not be entitled a refund of any payment provided.

Clients who are inebriated at time of departure will be refused service and will not be entitled to a refund for the services they booked (this includes all forms of bookings, walk-up, web or phone).
Clients who are terminated due to misconduct will not be entitled to a refund.
Services which are cancelled due to weather will be rescheduled. If the client(s) is leaving the island before the reschedule can take place they are entitled to a full refund.
For Acts of God a case by case review will be conducted and credit or a full or partial refund MAY be provided.
Clients are entitled to a full refund if we by our own fault are unable to provide the requested service. (e.g. equipment or personnel problems)

Please allow up to 21 days after we validate and confirm your cancellation request for your account to be credited. We endeavor to provide a prompt refund, however depending on current backlog we request the above listed time frame in order to comply.

We take fraud very seriously; if for any reason you suspect a fraudulent charge please notify us immediately.