Terms and Conditions
THE GOE LOGO
The GOE brand is associated with trust, strength, quality and reliability. One of the key parts of maintaining that brand is consistent usage of the GOE logo. Our logo is the backbone of our visual brand and the GOE logo shown below is the only approved logo. For legal purposes the ® registration mark is consistently maintained with the logo.
GENERAL TERMS AND CONDITIONS
GOEdiving.com (Site”) is an Internet property of GOE International, llc.,. PLEASE READ THE TERMS AND CONDITIONS OF USE (“TERMS”) CAREFULLY BEFORE USING THIS SITE.
THESE TERMS CONSTITUTE AN AGREEMENT BETWEEN GOE AND YOU GOVERNING YOUR ACCESS TO AND USE OF THE SITE. BY ACCESSING OR USING THE SITE, YOU AND ANY ENTITY YOU ARE AUTHORIZED TO REPRESENT (“YOU” OR “YOUR”) AGREE TO BE BOUND BY THESE TERMS.
GOE MAY MODIFY THESE TERMS AT ANY TIME WITHOUT NOTICE TO YOU BY POSTING REVISED TERMS ON THE SITE. CONTINUED USE OF THE SITE CONSTITUTES YOUR BINDING ACCEPTANCE OF ANY MODIFICATIONS.
The Site is intended for use by persons over eighteen (18) years of age. GOE does not knowingly solicit or collect
information from persons under eighteen (18) years of age.
USE OF THE SITE
GOE provides you with Internet access to the Site, through which you may access information, data, text, software,
sound, photographs, graphics, video, messages or other materials as may be posted on the Site from time to time. Any Site updates, enhancements, new features, and/or the addition of any new web properties, are subject to these Terms. You are solely responsible for providing a computer with an Internet service connection, and for complying with all requirements of the owner of the computer equipment and internet service provider. GOE or a third party acting on its behalf may monitor your use of the Site, and may freely use and disclose any information and materials received from you or collected through your use of this Site for any lawful reason or purpose. See our Privacy Policy with regard to the collection and use of information.
GOE may change, suspend or discontinue any aspect of this Site at any time, including the availability of any feature,
downloaded or streamed content, software database, or other content. GOE may also impose limits on certain features and services or restrict your access to parts of the Site or to the entire Site without notice or liability.
You may use information and materials on this Site solely for informational or personal purposes. Any copy of any page of the Site, or any portion thereof, must include all copyright and proprietary notices in the same form and manner as on the original and may not be modified in any way. GOE reserves the right to revoke such authorization at any time, and any such use shall be discontinued immediately upon notice from GOE, which notice may be posted on the Site.
All information posted on the Site is subject to change and availability. In particular, technical information and pricing is subject to change without notice, and particular equipment or services may not be available at a specified time or place.
LINKING TO THE SITE
GOE permits anyone to link to the Site subject to the linker’s compliance with these Terms. A site that links to the Site:
(i) May link to, but not replicate, content contained in the Site;
(ii) Must not create a border environment or browser around content contained in the Site;
(iii) Must not present misleading or false information about GOE’s services or products;
(iv) Must not misrepresent GOE’s relationship with the linker;
(v) Must not imply that GOE is endorsing or sponsoring the linker or the linker’s services or products without specific written approval from GOE’s legal department;
(vi) Must not use GOE’s trademarks, service marks, logos or trade dress without prior written permission from GOE
(including in case studies or references to vendor relationships);
(vii) Must not contain content that could be construed as obscene, libelous, defamatory, pornographic, or inappropriate for persons of all ages;
(viii) Must not contain materials that would violate any laws or applicable regulations; and
(ix) Must agree that the link may be removed at any time upon GOE’s request pursuant to GOE’s reserved rights to
rescind its consent to allow the link.
SUBMISSIONS
GOE does not want to receive confidential or proprietary information through this Site, except with respect to
employment inquiries which may be provided on a confidential basis.
GOE may monitor your use of this Site, and may freely use and disclose any information and materials received from you or collected through your use of this Site for any lawful reason or purpose, in accordance with our Privacy Policy relating to the collection and use of your personal information. You grant to GOE an unrestricted, irrevocable, royalty-free license to display, use, modify, perform, reproduce, transmit, and distribute any information you send to GOE through the Site, for any and all commercial and non-commercial purposes.
You also agree that GOE is free to use any ideas, concepts, or techniques that you send to GOE through the Site, for any purpose, including, but not limited to, developing, manufacturing, and marketing products and services that incorporate such ideas, concepts, or techniques.
RESTRICTIONS ON USE OF SITE
You may not use this Site to do any of the following:
(i) download, post, email or otherwise transmit or intentionally receive any content that is unlawful, illegal, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another’s right to privacy, reveals private information about another person without consent of that person, or may tend to incite others to undertake any of the foregoing activities, or violate any export or import regulations of the United States or any country of origin or receipt;
(ii) download, post, email or otherwise transmit any software virus or other computer code, files or programs designed to interrupt, destroy, limit the functionality, or cause a denial or interruption of service of any computer software or hardware or telecommunications equipment of ours or any third party, including without limitation any
telecommunications network;
(iii) copy, transmit, use, broadcast, distribute or modify any information or material in violation of patent, copyright,
trademark or trade secret rights of any other person;
(iv) use this Site in any manner that violates any rules or regulations imposed on you by the owner of the computer
equipment or by the Internet Service Provider you have chosen to use to access this Site;
(v) violate or attempt to violate the security, efficiency, reliability, or integrity of this Site or its content in any way,
including, without limitation, by accessing data, servers or accounts which you are not authorized to access, forging
TCP/IP packet headers or payloads or accessing or attempting to access parts of this Site that are subject to access
restrictions;
(vi) use the Site or any materials obtained from the Site to develop, of as a component of, any information, storage and retrieval system, database, information base, website, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism;
(vii) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Site, or create compilations or derivative works of any content posted on the Site; or
(viii) use the Site or any of its content in a manner that violates any state or federal law, or any state or federal
regulation, or any law or regulation pertaining to you due to your location, activities or operations outside the United
States.
THIRD PARTY PROVIDERS
The Site may contain links to web sites owned by other persons or entities, or may contain content provided by other
persons or entities (“Third Party Providers”). All such information provided by GOE is for information purposes only. The appearance of any link to a Third Party Provider should not be interpreted as an endorsement of such Third Party Provider or any services or information provided.
GOE makes no guarantees about the accuracy, currency, content, or quality of the services or information provided by any such Third Party Providers, and GOE assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on Third Party Provider sites. You acknowledge and agree that GOE makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of such Third Party Provider sites, services or information.
WARRANTIES AND DISCLAIMERS
ALL INFORMATION AND SERVICES ON THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. GOE ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION OR OTHER DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THIS SITE. THIS SITE MAY INCLUDE TECHNICAL OR OTHER INACCURACIES, INCLUDING PRICING INACURRACIES. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION POSTED ON THE SITE. HOWEVER, GOE MAKES NO COMMITMENT TO UPDATE MATERIALS ON THIS SITE, INCLUDING WITHOUT LIMITATION, TECHNICAL AND PRICING DATA.
LIABILITY LIMITATIONS
IN NO EVENT SHALL GOE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM: (1) RELIANCE ON THE MATERIALS PRESENTED, (2) LOSS OF USE, DATA OR PROFITS, (3) DELAYS OR BUSINESS INTERRUPTIONS, (4) AND ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE) WHETHER OR NOT GOE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
INDEMNIFICATION
You agree to indemnify, defend and hold GOE, and all its officers, directors, owners, agents, members employees,
contractors, subcontractors independant contractors, information providers, subsidiaries, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms, including, without limitation, attorneys’ fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. GOE reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of GOE.
INTELLECTUAL PROPERTY
The information on this Site is protected by copyright and/or trademark law. Except as specifically permitted, no portion of this Site may be distributed or reproduced by any means, or in any form, without GOE’s prior written permission.
GOE or its affiliated companies own the following registered, pending and unregistered (common law) trademarks or service marks used on this Site : GOE, the GOE logo, “Scorpion”, “Bandit”, “Modular Debris Rack”, design marks and others which may be identified from time to time. Some of these marks are registered in the United States and other countries.
Other trademarks which may be shown on the Site are the property of their respective owners.
The absence of a mark, name or logo in these Terms does not constitute a waiver of any and all intellectual property
rights that GOE or its affiliated companies have established in any of material, feature, marks, trade dress, trade names or logos. Please contact the Legal Department for additional information and to inquire about permission to use GOE’s Intellectual Property, provide a case study, reference GOE as a customer, and similar items.
NOTICES, HOW TO CONTACT US
Notices to GOE must be submitted to: GOE@GOEdiving.com or by certified postal mail with return receipt to the following address, or to such other address as may be provided at this Site from time to time:
Legal Department
GOE International, Inc.
PO Box 878
Newtown, PA 18940
All notices to you which are required or permitted under these Terms may be sent to you at the last email address you submitted to GOE, or by regular mail to your last-submitted physical address. Please note that changes to these Terms may be posted on the Site from time to time without notice to you, and will become effective upon your subsequent use of the Site.
COMPLIANCE WITH COPYRIGHT AND OTHER LAWS
GOE does not knowingly provide links to resources, websites or other materials that violate the copyrights, trademarks, or other intellectual property rights of third parties. If you are the owner of such rights, and you object to the linking or posting of materials on the Site, send a notice to the address posted above for Notices. Please be as specific as possible with regard to your claim, and cooperate by providing any additional information requested. If you do so, GOE will investigate your claim promptly, and will disable or remove links or materials that GOE reasonably believes may violate the rights of third parties. Similarly, if you are a website owner and prefer that the Site not include a link to your site, please notify GOE at the address above, and GOE will promptly remove the link.
GOVERNING LAW
These Terms shall be governed and construed in accordance with the laws of St. Thomas, United States Vergin Islands or the State of Pennsylvania as deemed appropriate by GOE without giving effect to the conflict of laws principles thereof.
SEVERABILITY
If any provision of this agreement shall be held or made invalid or unenforceable by a court decision, statute, rule or
otherwise, the remaining provisions of this agreement shall not be affected thereby.
MODIFICATIONS
GOE reserves the right to change or modify any provision of these Terms at any time in its sole and exclusive discretion. You also may be subject to additional terms and conditions that may apply when you use Third Party Provider content or third party software.
MISCELLANEOUS
These Terms constitute the entire agreement between the parties with respect to the use of the Site or its content, any software or service, information, and supersede all discussions, communications, conversations and agreements
concerning the subject matter hereof. GOE’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
The section titles in the Terms are for convenience only and have no legal or contractual effect. All content on this Site Copyright © GOE International, Inc. All rights reserved.